FindingsBEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A
PROPOSED PARI -AND -RIDE
LOT FOR 100 VEHICLES IN A
C -G ZONE LOCATED IN THE
SOUTHWEST CORNER OF
MERIDIAN ROAD AND
NORTHEAST CORNER OF
OVERLAND ROAD, MERIDIAN,
IDAHO
ADA COUNTY HIGHWAY
DISTRICT,
APPLICANT.
Revised 07-19-00
Case No. CUP -00-032
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
4.
The above entitled conditional use permit application having come before
the City Council on July 5, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East
Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator,
appeared and testified, and appearing on behalf of the Applicant were: John Sharp, Design
Engineer for Ada County Highway District, and Pat Nelson, and no one appeared in
opposition, and the City Council having duly considered the evidence and the record in
this matter and the Recommendations to City Council issued by the Planning and Zoning
Commission who conducted a public hearing and the Council having heard and taken oral
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT
SUBJECT TO CONDITIONS BY: ACHD IN C -G ZONE / CUP -00-032 PAGE 1 OF 13
and written testimony, and having duly considered the matter, the City Council hereby
makes the following Findings of Fact, Conclusions of Law and Decision and Order to -wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for
two (2) consecutive weeks prior to the said public hearing scheduled for July 5, 2000,
before the City Council, the first publication appearing and written notice having been
mailed to property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the property under consideration more than fifteen (15) days prior
to said hearing and with the notice of public hearing having been posted upon the
property under consideration more than one week before said hearing and the copies of
all notices were made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council at the
July 5, 2000, public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of Meridian,
having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth
in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT
SUBJECT TO CONDITIONS BY: ACHD IN C -G ZONE / CUP -00-032 PAGE 2 OF 13
3. This proposed development request is in a C -G zone, by reason of the
provisions of the Meridian City Code § 11-17-4, a public hearing was required before the
City Council on this application.
4. The property is located at the northeast corner of State Highway 69 and
Meridian Road, Meridian, Idaho.
5. The owner of record of the subject property is J.L. Boyd Company of Boise.
6. Applicant is Ada County Highway District.
7. The subject property is currently zoned C -G. The zoning district of C -G is
defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-
2K.
8. The proposed application requests a conditional use permit for a 100 vehicle
park and ride lot. The C -G zoning designation within the City of Meridian Zoning and
Development Ordinance requires a conditional use permit be obtained for most uses
including those requested by the Applicant. (Meridian City Zoning and Development
Ordinance, Section 11-8-1).
9. The Meridian Planning and Zoning Commission recognizes that the
proposed application is in compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The Meridian City Council takes notice and recognizes the Planning and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT
SUBJECT TO CONDITIONS BY: ACHD IN C -G ZONE / CUP -00-032 PAGE 3 OF 13
Zoning Commission's recognition of the concerns of the following, Sidney Harmon,
homeowners representative for the Country Terrace Subdivision, Larry Chetwood,
President of Meridian Ford, the manager of the JBs restaurant, Mark Freeman, attorney
for Colleen Cope, a homeowner.
12. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City
Code and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian, and Maps and the Ordinance establishing the Impact Area Boundary.
13. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public
facilities and services required by the proposed development will not impose expense upon
the public if the following conditions of development are imposed and the following is also
found to be required to mitigate the effects of the proposed use and development upon
services delivered by political subdivisions providing services to the subject real property
within the planning jurisdiction of the City of Meridian:
14. The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
14.1 The subject property is designated on the "Generalized Land Use Map" as
"Commercial".
15. The uses proposed within the subject application subject to the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT
SUBJECT TO CONDITIONS BY: ACRD IN C -G ZONE / CUP -00-032 PAGE 4 OF 13
conditions herein ordered will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance or intended character of the general vicinity
and that such uses will not change the intended essential character of the same area.
16. The uses proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
17. The uses proposed within the subject application will be served adequately
by central public facilities and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
18. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
19. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council may exercise all the powers required and
authorized under the "Act" except the power to adopt ordinances by the establishment of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT
SUBJECT TO CONDITIONS BY: ACHD IN C -G ZONE / CUP -00-032 PAGE 5 OF 13
a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-
6504 which the City Council of the City of Meridian has established by the passage of the
"City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I,
Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and
notice provision required, provide for the process of special and/or conditional use permits
which a proposed use is otherwise prohibited by the terms of the ordinance but allowed
with conditions under the specific provisions of the ordinance which the City of Meridian
has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the
same that the evidential showing supports the finding that the following standards are met
and that the proposed development: (Meridian City Code § 11-17-3 )
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive Plan
and this Ordinance;
C. Will 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. Will not be hazardous or disturbing to existing or future neighboring uses;
e. Will be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT
SUBJECT TO CONDITIONS BY: ACHD IN C -G ZONE / CUP -00-032 PAGE 6 OF 13
/6�1 Ao"%,
sewer or that the person responsible for the establishment of proposed conditional use
shall be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in a General Retail and Service
Commercial District (C -G), a public hearing shall be conducted with notice to be
published and provided to property owners or purchasers of record within three hundred
feet (300') of the external boundaries of the land under consideration for the conditional
use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of
Meridian Zoning and Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission
and Council shall follow notice and hearing procedures provided in Chapter 15 of
this Title. Provided, however, that conditional use applications for land in Old
Town and in industrial and commercial districts shall only be required to have one
public hearing which shall be held before the Planning and Zoning Commission;
and after the recommendation of the Commission is made, the application shall
go before the City Council without a public hearing and the Council may approve,
deny, or modify the recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City
Council with supportive reasons. The Commission shall recommend that the application
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT
SUBJECT TO CONDITIONS BY: ACHD IN C -G ZONE / CUP -00-032 PAGE 7 OF 13
n
be approved, approved with conditions or denied
r.
The Commission shall ensure that any
approval or approval with conditions of an application shall be in accordance with
Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and
Idaho State law. (Meridian City Code § 11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained properly;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and
the Comprehensive Plan of the City of Meridian, which was adopted December 21,
1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF
FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this
does Order that:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT
SUBJECT TO CONDITIONS BY: ACHD IN C -G ZONE / CUP -00-032
PAGE 8 OF 13
+-�
1. That the above named applicant is granted a conditional use permit for
a 100 vehicle park and ride lot, subject to the following conditions of use and
development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
1.1 Any existing irrigation/drainage ditches crossing the property to be included
in this project shall be tiled per City Ordinance 12-4-13. The ditches to be
piped shall be shown on the site plans. 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.
1.2 Off-street parking shall be in accordance with the design standards set forth
in Section 11-13-4 of the City of Meridian Zoning and Development
Ordinance and in accordance with the Americans with Disabilities Act
(ADA) requirements. All site drainage shall be contained and disposed of on-
site.
1.3 Paving and striping shall be in accordance with the standards set forth in
Sections 11-13-4.D. and 11 -13 -4.E. -G. of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with Disabilities
Act (ADA) requirements.
1.4 All signage shall be in accordance with the standards set forth in Section 1I-
14 of the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs will be permitted.
1.5 Provide five -foot -wide sidewalks in accordance with City Ordinance Section
12-5-2.K.
1.6 Provide street lights in accordance with City Ordinance Section 12-5-2.M.
The lights on the property will only shine 1800
.
1.7 As part of a conditional use permit, the City of Meridian may impose
additional restrictions/conditions.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT
SUBJECT TO CONDITIONS BY: ACHD IN C -G ZONE / CUP -00-032 PAGE 9 OF 13
1.8 No new municipal sewer or water service is being requested by ACHD to
serve the site (no restroom). The only public amenities proposed are a pay
phone, transit shelters and security bicycle lockers, none of which require
City services.
1.9 City Ordinance 11-2-2 defines "Subdivision" as the "result of an act of
dividing an original lot, tract or parcel of land into two (2) or more parts.
The term "subdivision" shall also include the dedication of a public street..
The dedication of new road right-of-way on this parcel, therefore, will
v require a preliminary and final plat in order to create the two separate legal
parcels noted on the Site Plan. The Park Sz Ride Lot shall proceed with the
condition that a Preliminary Plat application be submitted prior to any
development on the proposed 3.25 -acre parcel east of the subject lot. So,
under this scenario, the CUP could be approved and the Park Sz Ride Lot
constructed with this condition attached for the 3.25 -acre parcel.
1.10 The proposed roadway also exceeds the Meridian City Ordinance Section
12-4-2-B., which states that no street which ends in a cul-de-sac or a dead-
-� tend shall be longer than four hundred fifty feet (450'). Avariance from this
Y section shall be required for the City to approve public road dedication and
�f a plat.
1.11 It shall be required that the new 480 -foot access road, serving as a
commercially zoned parcel, off Overland shall be constructed as a
commercial street section. The Park and Ride lot, pedestrian and bicycle
access into the site from Overland Road shall be required to have sidewalk
constructed on the east and north sides of the -new access road.
1.12 No trash enclosures or containers are shown on the Site Plan. The Applicant
shall detail if and/or where they intend to provide trash receptacles, size,
exact location, etc.
1.13 Ordinance 12-4-7 requires a minimum of 20 -foot wide planting strip be
constructed next to incompatible features. This use is incompatible with the
single family residence adjacent to the south (Cope property). Therefore, the
landscape strip shown along the south boundary shall be increased from 15
feet (as shown) to 20 feet wide. The Applicant shall construct either a 3-4
foot high screening wall in front of the 16 parking spaces that head -in to the
south property line OR provide a dense landscape screen that will provide
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT
SUBJECT TO CONDITIONS BY: ACHD IN C -G ZONE / CUP -00-032 PAGE 16 OF 13
e*11.1 A01%.
an effective buffer within three (3) years from date of lot completion. In
order to accommodate the five -foot -wide increased buffer on the south side,
reducing the 40 -foot wide buffer along 1-84 to 35 feet would suffice. As 1-84
and SH69 are both designated as entryway corridors, a 35 -foot minimum
landscape buffer adjacent to the roadways shall be a condition of approval.
1.14 Applicant shall provide a detailed landscape plan for review and approvals
with submittal for a Certificate of Zoning Compliance. Said Certificate of
,4t�v
Zoning Compliance shall be required prior to breaking ground in accordance (ir
with City Ordinance Section 11-19-1. 00
1
The Site Plan shows four (4) trees within the Ten Mile Drain easement. A �,�,
License Agreement with Nampa -Meridian Irrigation District granting P� j5
approval for the trees within their easement shall be submitted prior to the _
City granting final approval for the site. If such an Agreement cannot be ��'�
obtained, the trees cannot be omitted and must be relocated to another Vic A w
location within the site.
The Site Plan does not show any trees within the interior lot plant ng
islands. A minimum of I four (4) shade trees shall be added to these planters
in order to provide improved aesthetics and cooling to the lot interior.
1.17 No van -accessible parking stall (8 -foot access aisle) is shown on the Site
Plan. At least one of the aisles shall be widened to 8 feet to provide better
van accessibility.
1.18 No signage details were submitted with the application other than standard
ADA handicap parking signs. Standard highway district signage is v
anticipated, but this shall be clarified by the Applicant. The City P&Z dy"
Department would request ACHD's cooperation to be able to review any
signs proposed to identify the site beyond the normal street directional
signage.
1.19 The Destination 2015 Plan lists the 1-84/Meridian Road Interchange
improvement under the future project list. It calls for a cloverleaf design to
facilitate 1-84 westbound traffic onto SH69 southbound. The future design
of the interchange could possibly significantly impact the subject parcel. The
Applicant shall address this issue with ITD and clarify to the City how the
future interchange design may impact the Park & Ride Lot. Comments shall
be included to City Council regarding traffic and the widening of the roads
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT
SUBJECT TO CONDITIONS BY: ACHD IN C -G ZONE / CUP -00-032 PAGE 11 OF 13
ROLL CALL:
COUNCILMAN RON ANDERSON VOTED Gt_,
COUNCILPERSON KEITH BIRD VOTED
01
COUNCILMAN TAMMY deWEERD VOTED
4�.
COUNCILMAN CHERIE McCANDLESS VOTED
MAYOR ROBERT D. CORRIE (TIE BREAI(ER) VOTED
DATED:
MOTION:
APPROVED: DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By.G-- Dated
City Clerk
msg/Z:\Work\NWeridian 15360M\Park and Ride\CUPFindings032
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT
SUBJECT TO CONDITIONS BY: ACHD IN C -G ZONE / CUP -00-032
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