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HomeMy WebLinkAbout1994-12-13 MERIDIAN PLANNING AND ZONING COMMISSION DECEMBER 13, 1994 The regular meeting of the Meridian Planning and Zoning Commission was called to order by Chairman Jim Johnson at 7:30 P.M.: MEMBERS PRESENT: Tim Hepper, Charlie Rountree, Jim Shearer, Moe Alidjani: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Clyde Wheeler, Leonard Ruff, Jim Matlock, Paul and Christie Unzicker, Dave Baxter, Wayne Forrey, Linda Winterfield, Ken Skinner, Tim Burgess, Dr. John Thom, Lynn Jones, Michael Christensen, Cindy K, Mike Davies, Angie Davies, Sherry Roch, Lamar Roch, Arthur Stevens, Karen Gallagher, Van Elg: MINUTES OF PREVIOUS MEETING HELD NOVEMBER 9, 1994: Johnson: Are there any corrections, deletions or additions to these minutes? Alidjani: I make a motion that we approve (inaudible). Shearer: Second Johnson: We have a motion and a second to approve the minutes from the November 9 meeting as written, all those in favor? Opposed? MOTION CARRIED: All Yea MINUTES OF SPECIAL MEETING HELD DECEMBER 2, 1994: Johnson: Are there any changes or additions or comments you would like to make on these minutes? Rountree: Mr. Chairman, I make a motion that we approve the minutes for our special meeting on December 2. Hepper: Second Johnson: Moved and seconded to approve the minutes of December 2 meeting as prepared, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: PRELIMINARY PLAT FOR BEDELCO BUSINESS AND LIVING CENTER BY BEDELCO, INC.: Johnson: There has been some correspondence back and forth on this, you have Meridian Planning & Zoning Commission December 13, 1994 Page 2 separate letters in your file from the applicant and Shari Stiles. There is a request on the December 9 letter, I believe you should have copies of that also which is a request to table this item. Which I would really like you to consider that because I don't know what that would accomplish frankly. Since we have recommended denial. Does anyone have any comments regarding that? This is a situation where we though oversight neglected to address the preliminary plat. At the time we did address the annexation and zoning request with a recommendation for denial. Rountree: I have a couple questions with respect to that, one for Mr. Forrey. On the December 9th letter there is an indication that they are wanting to workout some changes for the plat. I am not sure what they have in mind, I guess that is a question for Mr. Crookston. If they go from Light Industrial and R-15 and change the plat to all Light Industrial would that (inaudible). Johnson: I would certainly think it would. Crookston: It is a significant change. Johnson: The second paragraph doesn't indicate that would be a desire though because they are talking about reducing the number of affordable housing lots which not mean it would be going to industrial only. Rountree: That would be my second comment, it still has residential involved with it. That was the concern and one of the issues we based it on. Johnson: Exactly Rountree: So I guess Mr. Chairman, I make a motion that we deny the preliminary plat. (Inaudible) Johnson: We have a motion from Mr. Rountree. Hepper: Second Johnson: And a second from Commissioner Hepper to deny the preliminary plat, is there any further discussion or comments. If not then (Inaudible) Alidjani: Do you have any parliamentary problem if we have a question or technical Meridian Planning & Zoning Commission December 13, 1994 Page 3 problem or question for Mr. Forrey? Johnson: Well, it is not a public hearing. Alidjani: I understand that, I have a technical problem, Counselor, since it is not a public hearing and we (inaudible). Crookston: You can ask. Alidjani: Mr. Forrey, our concern here is that basically we do not like any residential housing in that area. And as Mr. Chairman brought it up on the second paragraph it is still talking about that. Any explanation? Do you and the developer feel strong about having that residential in there? Forrey: Mr. Chairman, members of the Commission and Commissioner Alidjani, what we would like to do, I can't say that the developer feels strongly about the number of units or the zone change. But what business people have indicated is that there is a lack of affordable housing and that is as important to a business owner as the business property that he occupies for his business, getting housing for his employees. So our approach here was to solve both problems. Evidently it didn't fly very fast or very far the first time through. So what we have asked is that you table this to give us a chance to go back through the public hearing process. We want to do that, we don't want to avoid another public hearing, but it takes so much time to process paperwork and so much cost, if we can keep it on the table and re-schedule a public hearing. Give us time between now and your January meeting to work out what would be an acceptable commerce park and reduce perhaps eliminate the manufactured housing and then go to public hearing and get this moving forward. That is what we would like to do rather than start over, just take so much time and Bedelco has 2 businesses that are ready to buy some of this property. So, it is not, we are not hoping for something to happen it is going to happen. We need to stay on schedule if we can. We are willing to drop back and punt I guess you can say. Alidjani: Thank you Mr. Forrey. Johnson: Is there any other discussion here, we do have a motion to vote on here. I would like to ask of the City Attorney. Parliamentary I guess, if we in fact deny the plat which would then deny the annexation and zoning which we have done can we in fact take action on the preliminary plat? Crookston: No you cannot because your recommendation is for a denial of the annexation. This land is already annexed, You would have authority to act on the plat Meridian Planning & Zoning Commission December 13, 1994 Page 4 because the property is zoned but the property is not in compliance with the zone that it has now. I don't think you could approve it. Johnson: So my question is do we have a proper motion. Is there any other discussion? If not then all those in favor of the motion? Opposed? MOTION CARRIED: 3 Yeas, 1 Nea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR LAWRENCE AND SHIRLEY CHETWOOD: Johnson: Does anyone have any comments or corrections, editorial changes on the findings of fact as prepared by the City Attorney? Entertain a motion then on the findings of fact. Alidjani: Mr. Chairman, I make a motion that the Meridian Planning and Zoning Commission hereby adopt and approve these findings. Rountree: Second Johnson: It has been moved and seconded that we adopt the findings of fact and conclusions of law as prepared by the City Attorney, roll call vote. ROLL CALL VOTE: Hepper - Yea, Rountree - Yea, Shearer - Yea, Alidjani - Yea MOTION CARRIED: All Yea Johnson: Any recommendation or decision you would like to pass on to the City Council? Alidjani: Mr. Chairman, I make a motion that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they 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. Shearer: Second Johnson: It has been moved and seconded to pass a favorable recommendation on to the City Council as stated, all those in favor? Opposed? Meridian Planning & Zoning Commission December 13, 1994 Page 5 MOTION CARRIED: All Yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR LARRY STOKER: Johnson: Are you aware of the December 9 letter from the applicant to me? Do you people have copies of that? I will read it to you. It is a clarification, it is on the Learning Center Inc. letterhead. "Dear Mr. Johnson, During the Planning and Zoning hearing last month a question came up about our request to do day care in a home on Tall Pine. The specific question was about the use of the space in the garage for day care and if it would allow a 2 car garage to remain in accordance with the ordinance. Our home has a 3 car garage and we are anticipating using only one of those spaces as an expansion area for a day care. Area inside the house is also being considered usable space for the day care for children. This will allow the two car garage requirement to still be met. We apologize for any confusion our application may have caused. We appreciate you assistance in sharing this additional information with the other members of the Commission. We look forward to meeting with the Commission again on the 13th." That is signed by Michael Christensen. I received this letter today so I will enter that into the record. Now with the request of the findings of fact and conclusions of law with respect to those. Is there any discussion, any corrections on those? Hepper: Mr. Chairman, I've got a question on page 8, the first paragraph on top there states that it is therefore concluded that a condition of the conditional use shall be that the garage not be used as part of the day care business. Since that is a 3 car garage I think maybe that should be amended that 1 bay of the garage could be used but 2 bays still have to remain available for cars. Which as I understand will follow the intent of the letter that you just read. Johnson: Yes, I agree with that. Hepper: That would also meet the City Ordinance. Johnson: Our motion should include that change, is there anything else? I will entertain a motion then. Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions of law with the change as previously noted. Shearer: Second Meridian Planning & Zoning Commission December 13, 1994 Page 6 Johnson: We have a motion and a second to approve the findings of facts as prepared, roll call vote. ROLL CALL VOTE: Hepper - Yea, Rountree - Yea, Shearer - Yea, Alidjani - Yea MOTION CARRIED: All Yea Johnson: Any recommendation for the City Council? Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions where found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements and fire and life safety codes and the uniform building codes and other ordinances of the City of Meridian. The conditional use shall be subject to annual review upon notice to the applicant and by the City. Shearer: Second Johnson: Its moved and seconded to pass a favorable recommendation onto the City Council as stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST BY JOHN THOM: Johnson: There is a conflict of interest with one of the Commissioners, Mr. Alidjani, so we will not take any discussion from him regarding this item. Alidjani: Mr. Chairman, I need permission to step down? Johnson: Okay, get lost. Is there any discussion or corrections or any questions you have regarding the findings of fact as prepared by the City Attorney? If there is none then Rountree: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions. Meridian Planning & Zoning Commission December 13, 1994 Page 7 Hepper: Second Johnson: It has been moved and seconded that we approve the findings of fact as prepared by the City Attorney, roll call vote. ROLL CALL VOTE: Hepper - Yea, Rountree - Yea, Shearer - Yea, Alidjani - Abstains MOTION CARRIED: All Yea Johnson: Any decision that you would like to pass onto the City Council? Rountree: Mr. Chairman, I move that the Meridian Planning and Zoning Commission recommends to the City council that the request for rezone for the land to L-O Limited Office be approved and that the remainder of the recommendation and decision be accepted as written. Hepper: Second Johnson: There is a motion and a second for approval of the recommendation as prepared by the City Attorney, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR WOLFE-WHEELER DEVELOPMENT GROUP: Johnson: Does anyone have any questions or discussion regarding these findings of facts? Rountree: Mr. Chairman, I find one typo on page 8, item 6 C, last line, includes as a (inaudible) Johnson: Yes, okay, anything else? Anyone else? Is there a motion? Rountree: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions. Shearer: Second Johnson: It is moved and seconded that we approve the findings of fact as presented, Meridian Planning & Zoning Commission December 13, 1994 Page 8 roll call vote. ROLL CALL VOTE: Hepper - Yea, Rountree - Yea, Shearer - Yea, Alidjani - Yea MOTION CARRIED: All Yea Johnson: A recommendation for the City Council. Rountree: Mr. Chairman, I move that we accept the decision or recommendation as written by the City Attorney for approval of the conditional use permit. Alidjani: Second Johnson: It is moved and seconded to pass on a recommendation to the City Council as prepared, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF ACHD RIGHT OF WAY BY RAMON YORGASON: Johnson: Are there any comments regarding these findings of facts as prepared by the City Attorney? Motion please? Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopts these findings of fact and conclusions. Alidjani: Second Johnson: Moved and seconded that we approve the findings of fact and conclusions of law as prepared, it is a roll call vote. ROLL CALL VOTE: Hepper - Yea, Rountree - Yea, Shearer - Yea, Alidjani - Yea MOTION CARRIED: All Yea Johnson: Any recommendation to be passed forward? Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these findings of Meridian Planning & Zoning Commission December 13, 1994 Page 9 fact and conclusions of law. Shearer: Second Johnson: It has been moved and seconded that we pass a decision and recommendation as stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING: REQUEST FOR REZONE FROM R-4 TO L-O BY MICHAEL AND ANGELA DAVIES: Johnson: This is a public hearing I will now formally open the public hearing and invite the owners representative or the applicant to come forward at this time, be sworn and and address the Commission. Mike Davies, was sworn by the City Attorney. Davies: I am not exactly sure what to do. Johnson: That is okay, we have your application and everything. If there is anything you would like to add or elaborate on what you have in mind. Otherwise we can just ask you questions. Davies: The only thing that I noticed different was that the acreage was stated wrong on some of the letters that were sent out. I think it said 3.4 acres and it is actually 1.49. Johnson: Are there any questions of the applicant at this time? Rountree: If you would just explain a little bit more in detail what it is you are proposing to do? Davies: We would like to build an approximately 3200 square foot Victorian style house to be used for weddings and receptions, office meetings, and anniversaries, along those lines. We would like to use that piece of property on the corner of Willowbrook and Meridian for this function. Rountree: And that is new construction? Davies: Yes, it is a vacant piece of property now. Meridian Planning & Zoning Commission December 13, 1994 Page 10 Johnson: Have you looked into what the parking requirement would be for a structure of that size? Davies: Yes we have. Johnson: And how many parking spaces would be necessary? Davies: What the code says, it didn't make a lot of sense because it said like for L-O it was and don't quote me on this but it was 1 parking spot per couple hundred square foot of the residence or the building. And for our use that wouldn't be enough so what we did was in accordance with how many square foot you need per so many people in there, we put enough for 50 parking spots along with handicapped parking spots. We put what we feet was more than enough parking for as many people that we could hold. So we wouldn't have to use Willowbrook as additional parking at any time. Alidjani: I have seen some of these facilities, they have some type of retail and a shop place that they have clothes or so on and so forth that they rent. Is this something that you have in mind for your place? Davies: No, all we are going to do, we just want to be the facility where they will hold their function at. And that would be it. At this time we have no ideas of doing any rentals of gowns or any (inaudible). Johnson: Are you contemplating cooking facilities? Davies: As of this moment what we are going to do is if they do decide to bring food into the establishment that we would require them to have a licensed caterer do it, I hate cooking. Johnson: Another question, do you have any idea or have you had any discussions regarding operating hours? Davies: Yes, we are going to, Meridian has set hours for a noise ordinance and we are going to follow that. And I believe that is from 7 to 11 and hopeful we wouldn't ever go beyond that. Johnson: How close is your nearest neighbor? Davies: There is a fence that is on the border on the property. What we had planned is that we are going to of course landscape all that. Our property, the house would sit back off of Meridian Road and then between the house and the parking lot would be Meridian Planning & Zoning Commission December 13, 1994 Page 11 the back yard that they could also use, we would have a gazebo and between the back yard and the first house would be the parking lot. We thought that would be the best way to keep down the noise and also keep as much away from the people as possible in the area. Alidjani: So your parking lot would be on the west side of the property, along the fence? Davies: Yes Johnson: Are there any other questions from the commissioners? Rountree: Will there be on site caretakers or just open during business hours. Davies: You mean like when we are not using the facility? Rountree: Will it be used as a residence as well? Davies: No, it will be strictly for the business. The only thing we would have there is the office. Hepper: I have a question Mr. Chairman on the rezone from R-4 to L-O would it be appropriate to stipulate on that, that this would be only for the proposed use, that the use isn't (inaudible) go in there and somehow put in office buildings? Johnson: I am sure your City Attorney could give you guidance on that, but it would appear to me that you can condition your motion. Crookston: On the rezone you can place conditions on it. Hepper: I wouldn't think that we would necessarily want to change this to an L-O without a restriction on it at this point. Crookston: That would be totally up to the Commission. Johnson: Thank you Michael, this is a public hearing, is there anyone else that would like to address the application at this time? Sherry Roch, 52 West Davenport, was sworn by the City Attorney. Roch: I was just curious, we live across the road from where this is going to be. We have just moved from an area where we have been to several weddings that have this type of set up in Idaho Falls. It is not enough parking, at some weddings you can get Meridian Planning & Zoning Commission December 13, 1994 Page 12 250 people, I am not saying all at the same time. But our road the Meridian Road and the access into this property cannot handle the traffic that it would present, with a wedding, with a golden anniversary, an anniversary alone can bring over 100 and something people. That road is not big enough or wide enough to accommodate the people in which that would entail at this business whether it would be in the evening or at night. I think this is something that needs to be considered also is the access into this property with the road. Johnson: Thank you, any questions? Apparently not, anyone else that would like to come forward? I want to make sure that there is no one else that wants to testify first and then give you another shot. Anyone else? If not then come back and address that, speak to the Commission. Davies: One of the reasons that we kept it the size it is because, I don't have my notes in front of me, in accordance with the laws that you are allowed to have, you must have I believe it is 20 or so feet per person. The most people that we could put inside to have a function would be about 100 to 125 people. Meridian Road also, within the next 5 to 10 years according to the Ada County Highway District is going to be expanded to 4 lanes because this past week they sent us a notice about that they need an extra 15 feet for the easement. So when they do that there will be plenty of traffic. With 50 parking spots that only comes out to be about 2 to 1 1/4 persons per car. We have called every place in town and our place would have more parking than any other establishment around. On the average they say that you have 3 people per car would go. We knew that would be a problem and we thought if we lived there what we would want. That is why we had such a big parking lot as you can tell by the plat map. We have thought about that. Johnson: Anyone else before I close the public hearing? Linda Winterfeld, 133 Cretmore Drive, was sworn by the City Attorney. Winterfeld: I was just curious if there was like a map or something that showed where the building was, how exactly it was going to be set. We understand that the parking lot is sitting up on the west side of the lot which is right next to the fence. The houses facing what way, where is the greenery going to go. How are the people on Cranmer Drive going to get the noise reduction against the parking lot against the fence? (Discussion Inaudible) Johnson: Is there anyone else? Seeing no one then I will close the public hearing at this time. Is there any discussion? Meridian Planning & Zoning Commission December 13, 1994 Page 13 Rountree: I have a question for Shari Mr. Chairman. Have we seen any preliminary comments from ACHD? Stiles: I thought we had, apparently we don't have them in our packets, yes we do. They included those in the conditional use permit. Rountree: That answers my question. Johnson: Any further comments or discussion? We are addressing the rezone right now. Rountree: Mr. Chairman, I make a motion that we have the City Attorney prepare findings on this item. Shearer: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR MICHAEL AND ANGELA DAVIES: Johnson: I will now open the public hearing. Is there anyone that would like to address the Commission on the conditional use permit? Does the Commission have any questions of the applicant on the conditional use permit? Seeing no one then I will close the public hearing. What action would you like to take on the conditional use permit? Rountree: Mr. Chairman, I move we have findings of fact and conclusions of law prepared on this (inaudible). Shearer: Second Johnson: We have a motion by Commissioner Rountree and a second by Commissioner Shearer to have the City Attorney prepare findings of fact and conclusions of law on the conditional use permit request, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian Planning & Zoning Commission December 13, 1994 Page 14 ITEM #9: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING BY CAROL LOTSPEICH: Johnson: I will now open the public hearing, is there anybody representing the applicant or the applicant that would like to address the Commission at this time please come forward. Tim Burgess, 735 Hanover Court, was sworn by the City Attorney. Burgess: Well, this is simply a request for annexation and zoning to C-G for a parcel of land at the corner of Meridian Road and Overland Road that is consistent with the Comprehensive Plan. I would be happy to answer any questions. Hepper: Did you see the requirements by the City Engineer and the Zoning Administrator and the Ada County Highway Department, all the different agencies? Burgess: Yes, we did, we delivered new descriptions to the City today to fulfill that requirement. The remainder of them, the owners don't intend to develop this property themselves at this time. So we are willing to work with the City in whatever way is necessary to comply with the requirements. Hepper: Do the owners of this piece of property own the parcel between this piece of property and Calderwood Drive? Burgess: No they do not. Hepper: There is a 144 foot parcel there that they do not own. Burgess: A portion of that has a residential dwelling unit on it and I am not sure. The remainder of it is vacant ground. They have indicated the desire to cooperate with us in whatever we want to do. Shearer: Have they got a client in mind for this? Burgess: Not at this time. Johnson: Any further questions, any additional comments? Thank you very much, is there anyone else from the public that would like to come forward on this application? For the record we do have a letter received today from an adjacent developer/property owner, dated 12/13/94. "Dear Mr. Johnson and Commission Members, Running Brook Estates, Inc. which owns Running Brook Estates the adjoining neighbor to the east would like to make the following comment. For buildings and landscaping that will be Meridian Planning & Zoning Commission December 13, 1994 Page 15 along the Ten Mile Drainage we would like to have input for the benefit of our subdivision." Which they can certainly have at the time there is a plan brought forward. This application is just for annexation and zoning. Are there any further comments before I close the public hearing? (Inaudible) Sherry Roch, 52 West Davenport, was sworn by the City Attorney. Roch: I just wanted to know what is the zoning, are they going to zone it commercial? Johnson: The request is for C-G which is commercial general zoning. Roch: At this time do they not have to say what they are going to do with the property if you vote it to be changed to commercial? Johnson: No they do not. Roch: So when does that Johnson: At such time there is a development that takes place on there, in accordance with the zoning that has been approved. Roch: So we don't get to know what they are going to do with this property if it gets rezoned to commercial. Johnson: As a matter of fact I don't believe the developers know at this point, because the question was asked if they had a plan or a buyer. And the answer was no. Hepper: This is a different piece of property, this is Meridian Road and Overland Road. Roch: Right, we live by both of them, we live right across the street from the cornfield which is this property. I run that everyday in both places. But I want to know is there any, how do we know what they are going to do with this if it is voted on now that it is changed commercial and say a year down the road they say well we want to put a mini mall in there or we want to do this with it. How do we know what is going to be done with the land if it is changed to commercial? Johnson: If the development on that property requires notification by ordinance to the adjacent property owners within 300 feet those property owners will be notified. Meridian Planning & Zoning Commission December 13, 1994 Page 16 Roch: Before anything is done with the property? Johnson: If the zoning requires that and if a conditional use is necessary. Roch: The people that live there should be able to know up front if they are going to do this commercial. If it is going to be change it to a commercial piece of property. Johnson: What they are asking for at this point is in accordance with our ordinances and the way that the procedure works. Roch: So we just wait until it is decided on and what they can do later on, right, more or less. Johnson: There are a number of uses that lend themselves to this zoning by ordinance. There are a lot of uses that are prohibited if this zoning is approved by ordinance. There are some uses of the property that would require a conditional use permit, in other words coming back to us for approval under the zoning they are asking for. That is the way it works. Roch: So everyone is notified again before anything is done to this end piece of property? Johnson: The step they are taking now is probably a step to enhance the value of the property by getting it commercially zoned. But there is no requirement that they come in at this point with a specific plan as to how the property is going to be used. Roch: How long do they have to do this? Johnson: As long as they wish, it can sit there as commercial forever and not ever be developed if it is not economically feasible or whatever the case might be. There is no time requirement that they have to do that. They can also come in at a later date and change the zoning again if they apply for and it is approved. Roch: So it is ruled on a couple of times or once more. Johnson: Well, right now it doesn't sit in the City and the request is to have it annexed into the City. And that often times will enhance the value of the property. Roch: They can actually turn it into Commercial property is what it is? Johnson: That is their request, the request is to make it commercial. But see Meridian Planning & Zoning Commission December 13, 1994 Page 17 commercial to you might mean a different thing than what it means to the developer. (Inaudible) Johnson: You can't put a waste transfer station there but yes you could be a mini-mall there. (End of Tape) Are there any other comments? If there are no further comments that would like to come before the Commission, people that would like to come before the Commission I will close the public hearing at this time. Further discussion or comments? Shearer: Mr. Chairman, I move we have the Attorney prepare findings of fact an conclusions of law. Rountree: Second Johnson: It has been moved and seconded we have the City Attorney prepare findings of fact and conclusions of law on this property, this request for annexation and zoning, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING BY PACIFIC WATER WORKS CO. INC.: Johnson: I will now open the public hearing and invite the applicant or his representative to address the Commission. Arthur Stevens, 8783 Downey Brook, Boise, was sworn by the City Attorney. Stevens: I would just like to state that as an agent on the owner we have already read the conditions that have already been submitted to us and agree and have already done all of them actually. Johnson: Are there any questions from the Commission to the applicant? Are there any at all? Rountree: Have you seen the comments from ACHD? Dedication of additional right of way? Stevens: Yes Meridian Planning & Zoning Commission December 13, 1994 Page 18 (Inaudible) Stevens: No problem, it will be done. Johnson: Anyone else? Apparently we don't have any other questions other than I would like to ask just what is Pacific Water Works Co., Inc? Stevens: They are a supplier of underground piping material, water and sewer. Johnson: Is this on a wholesale, retail basis? Stevens: Yes Johnson: So, we are talking retail with a warehouse or something? Stevens: Yes, retail warehouse. Johnson: Thank you very much. This is a public hearing, is there anyone else that would like to address the Commission at this time? Seeing no one then I will close the public hearing. This would require findings of fact. Shearer: Mr. Chairman, I move we have the Attorney prepare findings of fact and conclusions of law on this project. Rountree: Second Johnson: Moved and seconded to have the Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR LYNN AND KENNETH SKINNER: Johnson: I will now open the public hearing. Is there a representative of the applicant or the applicant that would like to address the Commission please come forward at this time. Kenneth Skinner, 3503 Kirk Drive, was sworn by the City Attorney. Skinner: I am asking for a conditional use permit for a small plumbing business at 34 East Ada. We will comply with any of your needs. Meridian Planning & Zoning Commission December 13, 1994 Page 19 Johnson: Any questions of the applicant from the Commission? Hepper: What would the hours of your business be? Skinner: Just 8 to 5 Hepper: It is not a 24 hour plumbing shop? Skinner: No it is not. Hepper: Next to the double car garage at one time there was a truck bed, is that still there? Skinner: It is gone, the guy that sold me the property has left it in pretty bad shape, took most of it, but there is some debris left over. So most of it is gone and we will get it cleaned up and everything up to code. Basically it is a small office. Hepper: You realize all the parking space will have to be paved? Skinner: You bet. Johnson: Are there any other questions from the Commissioners? Hepper: Are you going to have a storage area and an outside storage are for plumbing pipe? Skinner: No, I am just going to keep it in the garage, in the double car garage. It is a very small warehouse, just enough to put on a truck. Hepper: So there wouldn't be any outside storage that would constitute a construction storage yard? Skinner: No not at all. Rountree: Have you seen the comments from Ada County Highway District? Skinner: Yes Rountree: Do you have any problems with that? Meridian Planning & Zoning Commission December 13, 1994 Page 20 Skinner: Not at all. Alidjani: How about the ones from Shari, there are also some comments from Shari. Skinner: Shari Stiles? I haven't heard Johnson: You may not have read these, these are dated December 11th. Hepper: Is there a fence around this property? Skinner: There is a chain link in the back at the alley way, not on the sides as of yet. Looking over this letter here I will get with Shari and work out anything necessary to keep it looking good from the outside or whatever we need to do. Hepper: Do you have any plans for landscaping? Skinner: We have some small plans, I think the parking lot is going to take up pretty much of the front of the property and there will be a little bit in the back. We will just turn it into a little bit of grass and landscaped parking. It is going to be pretty much parking in the front. And then with the easement of the highway department it is going to take pretty much of the front away. Rountree: How many vehicles will you be operating out of this? Skinner: No more than four, three and then my truck which I take home. There probably won't be more than one vehicle there at any time after working hours. Most of the trucks go home with the guys. Hepper: Are there any other commercial businesses on that street? Skinner: Tates on Meridian, nothing coming down Ada. Just an old guy that has probably been living next door to my lot for shoot 20 years or so. And I talked with him and he seems to be pretty (inaudible). Hepper: What about to the east, does your property border Tates or is there a house in between? Skinner: There is a house in between my lot and Tates so there is I think 25 and 26 lot, so that is vacant. I am willing to do whatever the neighbors need, fencing, whatever. Johnson: Don't promise too much, Shari will have you planting 10 inch caliper trees. Meridian Planning & Zoning Commission December 13, 1994 Page 21 Skinner: I don't think it will fit. Johnson: Any other questions for Mr. Skinner? Thank you very much, this is a public hearing, is there anyone else that would like to address the Commission? I think most anything would be an improvement. I will close the public hearing at this time. What is your pleasure? Alidjani: Mr. Chairman, I make a motion that we have the City Attorney prepare findings of fact and conclusions. Rountree: Second Johnson: We have a motion to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR CALLISON PARTNERSHIP: Johnson: I will now open the public hearing, if the applicant or his representative is available to address the Commission please do so at this time. Leonard Ruff, 1420 5th Avenue, Suite 2400, Seattle, WA, was sworn by the City Attorney. Ruff: Good Evening, my name is Leonard Ruff, as you know I am with the Callison Partnership we are acting as agents for First Interstate Bank. We are proposing to build a 4800 square foot branch in the Central Valley Corporate Park. We have reviewed the comments, the review comments from the City and Ada County Highway District. I would only like to bring your attention to one item and that is in the Ada County Highway District review letter, page 2, item 4. ACHD is requesting that the developer or the applicant, First Interstate Bank in this case, construct a median on East Corporate Drive that would restrict left turns into our property and out from our property. As you can see on the site plan that you have before you our driveway is situated as far east as it can go. Ada County is maintaining that, there is not enough room to meet the typical standard or separation between an intersection and a driveway approach. The bank is maintaining that restriction of the left turn, left out primarily the left turn in would be a very severe restriction on the conduct of their business on that site. So we would like to request that the Commission strike this Meridian Planning & Zoning Commission December 13, 1994 Page 22 requirement from the conditions of the conditional use approval. The bank does intend to submit a request for a waiver with Ada County Highway District. Hepper: What is the Ada County Highway District standard distance from an intersection? Ruff: According to their letter a standard 175, it depends on which number you go by, to allow for left turns from East Corporate onto East First and left turns from East Corporate into our project site. Hepper: You have approximately 162, is that right? Ruff: About that, I believe that ACHD measurements are taken from the back of the curb from the back of the sidewalk of the crossing street. So there is another 20 feet or so to add to that. Unfortunately, some of the history of this site, the property line, the east property line was relocated sometime in the past to allow the development on Lot 2 directly to the east of our site. And so like I said as you can see on the map or our site plan we can't get our driveway approach any further east. Johnson: Perhaps we can have the ACHD representative address that since she is here this evening. If she care to shed any light on it. Any other questions for Mr. Ruff? Hepper: Would you still be able to maintain the berm and landscaping that is there now on East First Street? Ruff: That will all remain as it is. Johnson: Anyone else? Thank you very much, this is a public hearing, is there someone else that would like to address the Commission? Karen Gallagher, 318 E. 37th, Garden City, was sworn by the City Attorney. Gallagher: We have had an enlightening experience with our code and the off sets for signalized intersections for controlled intersections. There seems to have been an error in the document that we took the standards from and how we applied them in our code, a median was added. So we are back tracking at this point to rectify the situations where medians are not needed as we originally interpreted. I believe this site is in that category. This has all just happened this week. So, from what I just read, the right in and right out would have been at 80 feet from how the report is written up. And from what I understand a full access at 85 feet would then be accepted. But Meridian Planning & Zoning Commission December 13, 1994 Page 23 like I said this is just being cleaned up right now. And at this point we haven't taken anything back through our commission to clear up these situations. Johnson: Would it be prudent then for you to respond to that item in writing to us if that is indeed an item that needs to be cleaned up? Gallagher: Absolutely. Johnson: We would appreciate that. Any questions of Karen? Shearer: You guys lost me a long time ago. Is this acceptable (inaudible) now? Gallagher: I am not sure, I believe so, but like I said we are cleaning it up and I haven't gotten any definite from where we are fitting in with the standards from the manuals and what we have adopted. I believe we should be able to work this one out. Johnson: I think what we are looking for is a comfort zone. Crookston: In regard to ACHD's additional comments, does the Commission want to leave the record open for those comments? Johnson: I would think we would. Crookston: Do you happen to know how long it would take before the Commission would receive those comments? Gallagher: I wouldn't imagine until next week Wednesday at the earliest. We have been discussing it for the past few days because it has had quite an effect on quite a few properties. We are moving very fast in rectifying the situation. So like I said Wednesday, next Wednesday at the earliest. Johnson: That would be fine for us wouldn't it? Crookston: It would certainly be fine if we received them at least by the end of December. Johnson: I hate to give them that much leeway though. Crookston: We can use them in the findings, do you think that would be a problem? Gallagher: I believe we could meet that. Sorry for the confusion. Meridian Planning & Zoning Commission December 13, 1994 Page 24 Johnson: No problem, thank you for being here. Anyone else that would like to address this application? Seeing no one then I will close the public hearing. If you want to check with us we will get you a copy of those as soon as (inaudible) copy you on that or not. Are there any other comments. We need a motion on this application. Rountree: Mr. Chairman, I make a motion that we have the City Attorney prepare findings of fact and conclusions of law and hold comments until we receive the clarification from ACHD on the intersection requirements. Shearer: Second Johnson: Its been moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A VACATION OF A SUBDIVISION PLAT AND ASSOCIATED ROAD RIGHT OF WAY BY ED BEWS: Johnson: I will now open the public hearing, is there anyone that would like to address the Commission representing the applicant, please do so at this time. Van Elg, 1111 South Orchard, Boise, was sworn by the City Attorney. Elg: I believe Shari has this same copy, this is a copy of the Farmington Estates No. 1 subdivision which was platted back in 1978 by Mr. Bews. To this date it has not developed, he believes there is a higher and better use for the property, I don't know what that is at this point, but he plans on coming in with some other form of development I guess. At this point it is just a burden on him to carry this platted subdivision with it undeveloped. The roads are dedicated to the highway district so as I understand it we have to request because this property is within Ada County but it is within one mile of your City limits we have to request or petition vacation from the City first before we can proceed with the vacation of the plat. Johnson: Is that right Mr. Crookston? Crookston: Yes Elg: So here we are, we also have to have that petition before we can proceed with ACHD as I understand it. So what we will be involved there is vacating the right of way and potentially paying ACHD for the right of way that was dedicated but never Meridian Planning & Zoning Commission December 13, 1994 Page 25 developed. And then rededicating right of way when we come back in and replat it. I don't know how that is going to boil out. We have talked with ACHD and I don't know how it will all boil out. Johnson: But it is a request for a vacation? Elg: That is correct. Johnson: Any questions of the applicant? Thank you. Crookston: I have one, we are talking about basically removing the entire plat? Elg: That is correct, easements, right of way, lot lines, the whole thing. Johnson: Thank you, is there anyone else that would like to come forward on this application or has everyone gone home? Well, thank you for your comments, I will now close the public hearing. Crookston: This does not require findings. Johnson: It is a recommendation though is it not? Crookston: You can make a recommendation to the Council. Shearer: I move we recommend the City Council to vacate this plat. Rountree: Second Johnson: We have a motion to recommend to the City Council approval of the vacation of this subdivision plat and the associated right of way, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PETER WIERENGA: PRESENTATION OF A SUBDIVISION CONCEPT: Johnson: I don't see anyone to present that? Is there someone here that I can't see? Rountree: Did he get scared away by the agenda and thought they would be on about 11:00? Meridian Planning & Zoning Commission December 13, 1994 Page 26 Berg: He might have, I told him it would be a midnight meeting. He said that he had to pick up his son at 8:30 in Eagle, and would be zooming over here. I told him it would be a hit and a miss because I could not determine how long the meetings last anymore. Johnson: I will entertain a motion for adjournment at this point. Rountree: So moved Shearer: Second Johnson: We have a motion to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 8:42 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: JIM JOHNSON, CHAIRMAN ATTEST: WILLIAM G. BERG, JR., CITY CLERK