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HomeMy WebLinkAboutFindingsi ~ MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: APRIL 14, 1998 APPLICANT: TOM BEVAN AGENDA ITEM NUMBER: 1 REQUEST: CONTINUED PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A RETAIL SHOPPING CENTER (CHELSEA SQUAREI AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED MINUTES FROM 3/10/98 k ~~L ~*`~ Glee. BUREAU OF RECLAMATION: OTHER: SEE ATTACHED SITE PLAN FLOOR PLAN AND COLOR RENDERINGS All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING 8. ZONING COMMISSION MEETING: MAY 12. 1998 APPLICANT: TOM BEVAN AGENDA ITEM NUMBER: 6 REQUEST: CONDITIONAL USE PERMIT FOR A RETAIL SHOPPING CENTER (CHELSEA SQUAREI AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED MINUTES FROM 4/14/98 SEE ATTACHED FINDINGS FI~t`~ ~ocl~' ~Pr~~ ,~~,,~- ft ~rf BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • MERIDIAN CITY COUNCIL MEETING: JUNE 2. 1998 APPLICANT: TOM BEVAN ITEM NUMBER: 9 REQUEST: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A RETAIL SHOPPING CENTER (CHELSEA SQUARE12030 W. FAIRVIEW AVENUE AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 5/12/98 P & Z -, 36E i4rfgcN-~ FttiiO1/`iGS F2C~M Q ~ Z.. CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: ~~ ~~ "I~ MERIDIAN POST OFFICE: `~ ~IN - ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: U' CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: P~K ~,,~~ C~" /#II Materials presented at public meetings shall become property of the City of Meridian. • MERIDIAN CITY COUNCIL MEETING: JUNE 16. 1998 APPLICANT: TOM BEVAN ITEM NUMBER: 2 REQUEST: CONDITIONAL USE PERMIT FOR A REATAIL SHOPPING CENTER (CHELSEA SQUARE) - 3020 W. FAIRVIEW AVENUE AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 6/2/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: MARCH 10, 1998 APPLICANT: TOM BEVAN AGENDA ITEM NUMBER: 3 REQUEST: REQUEST FOR CONDITIONAL USE PERMIT FOR A RETAIL SHOPPING CENTER 2030 W. AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES OF 2/10/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: ~~~/~' ~: I ~" C MERIDIAN POST OFFICE: 4 k ~~ ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: AlI Materials presented at public meetings shall become property of the City of Meridian. i MERIDIAN PLANNING & ZONING COMMISSION MEETING: February 10. 1998 APPLICANT: TOM BEVAN AGENDA ITEM NUMBER: 2 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A RETAIL SHOPPING CENTER - 2030 W. FAIRVIEW AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: U S W EST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~~~ ~o ~,Lo~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • MERIDIAN PLANNING & ZONING COMMISSION MEETING: J nuar 13 1998 ER. 3 AGENDA ITEM NUMB APPLICANT: TOMB VAN T: PUBLIC HEARING CO TINUED FOR CONDIT ONAL USE PERMIT FOR A RETAIL REVUES C'Oi_ M- ENTS °r CITY CLERK: r CITY ENGINEER: II U V/ CITY PLANNING DIRECTOR: ~/~ CITY ATTORNEY: ~~ ~~. CITY POLICE DEPT: CITY FIRE DEPT: U I l CITY BUILDING DEPT: ~~ OL DISTRICT: MERIDIAN SCHO ~~'"" MERIDIAN POST OFFICE: ~ DISTRICT: ADA COUNTY HIGHWAY ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: of Meridian. Materials presen#ed at public meetings shall become property of the City All MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: January 13, 1998 APPLICANT: TOM BEVAN AGENDA ITEM NUMBER: 3 REQUEST: PUBLIC HEARING CONTINUED FOR CONDITIONAL USE PERMIT FOR A RETAIL SHOPPING CENTER AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN, SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS r, ~ f}~ ~ ~~~k' kk c~'-~ r~ ~+a s p~ ~~u ~~ All Materials presented at public meetings shall become property of the City of Meridian. a MERIDIAN PLANNING & ZONING COMMISSION MEETING: December 9.1997 APPLICANT: TOM BEVAN AGENDA ITEM NUMBER: 1 REQUEST: PUBLIC HEARING CONTINUED FROM NOVEMBER 12.1997: CONDITIONAL USE PERMIT FOR A RETAIL SHOPPING CENTER AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: ~ V' BUREAU OF RECLAMATION: COMMENTS ~ ~ pl ~~ ~h~'~ C~' )~'~ ~ 5~~~ P~ ~~L~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211. Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORAAiDUM: To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning & Zoning Administrator COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH October 9, 1997 Re: Application for Annexation and Zoning to C-G with, a Conditional Use Permit for Chelsea Square Retail Shopping Plaza by Tom Bevan and W. B. Casarelli We have reviewed this submittal and o`er the following comments, as conditions of the application. These conditions shall be considered in full, unless e~cpressly modified or deleted by motion of the Meridian City Council: ANNEXATION & ZONING: The legal description submitted with the application for annexation and zoning appears to have one minor error in the bearing along the north boundary of Section 8, T.3N., R. lE., B.M., to the Point of Beginning. Please revise and resubmit to the City Clerk's office for review. 2. The request for C-G along the frontage of Fairview Avenue is consistent with the Meridian Comprehensive Plan. 3. A development agreement incorporating detailed conditions of approval is required as a condition of annexation. CONDITIONAL USE: (GENERAL COMMENTS) 1. Any existing irrigation/drainage ditches crossing the property to be included 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 i • P&Z Commission/Mayor & Council October 9, 1997 Page 2 Z. 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. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. 4. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 5. Coordinate fire hydrant placement with the Meridian Public Works Department. 6. Submit ten copies of the revised Site Plan incorporating required changes to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. (SITE SPECIFIC COMMENTS) 1. Sanitary sewer service to this site will be via an extension of an existing mainline located in Wilson Lane. 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. 2. Water service to this site will be .via extensions of an existing ten-inch diameter main located in Wilson. Lane. Applicant will be responsible to construct the water mains to and through this proposed development. Applicant is to coordinate main sizing and routing with the Public Works Department. 3. High-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at Applicant's expense. Typical locations are at street intersections and/or fire hydrants. 4. 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. ~ ~ P&Z Commission/Mayor & Council October 9, 1997 Page 3 5. 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. 6. The requirements for D&B Supply called for a minimum 25-foot-wide berm beyond required right-of-way along Fairview Avenue. The Econo=Cube Subdivision, directly to the west of the proposed site, must also meet this requirement. The Owner/Applicant on this project shall construct a berm adjacent to the south right-of--way line of Fairview Avenue a minimum of 25 feet in width ranging in height above the grade of the adjacent parking area from two feet to four feet. The Fairview Avenue berm will be landscaped and sprinkler irrigated in accordance with a detailed landscape plan to be submitted by developer and .approved by the City. Said plan shall be submitted for review and approval prior to submittal of a building permit application. A minimum of one three-inch caliper tree per 1,500 square feet of asphalt is required. Applicant should provide certification by a landscape architect that three-inch caliper trees will thrive in the four-foot wide planter area and at spacing shown. Bumpers overhanging the planting strips would compromise the viability of trees in this area. 7. Comply with ACHD policy/approval for location and width of accesses and any necessary cross access agreements. A copy of the recorded warranty deed for additional right-of- way on Wilson Lane and Fairview Avenue, along with a letter of approval from the Ada County Highway District, is required prior to obtaining a building permit. The full right- of-way width needs to be dedicated on Wilson Lane to allow construction of utilities. 8. Permanent easements will need to be dedicated across the property for extension of public utilities. 9. Applicant will. be required to construct curb, gutter and five-foot-wide sidewalk along the frontage of Wilson Lane, and five-foot-wide separated sidewalk along the frontage of Fairview Avenue. All pedestrian walkways within the development should be a minimum of five feet wide. 10. All parking stalls are to be a minimum of 9'x19' with 25' driveways per City Ordinance. The parking layout. shown does not meet these requirements. Compact stalls may only be approved with the approval of the Planning & Zoning Commission. Based on a square footage of 8,000, 40 parking spaces are required. The number of parking spaces proposed ~ ~ P&Z Commission/Mayor & Council October 9, 1997 Page 4 exceeds this requirement; however, required spaces will be based on individual tenant square footages. The four-foot-wide landscape medians should be removed and wider landscape islands provided at each end of the center parking areas. 11. Provide signage for handicapped accessible stalls in accordance with ADA. 12. 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, the Utiform Sign Code, and 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. Applicant indicates a single monument sign for all tenants of the center, and only one such sign is approved along the Fairview Avenue frontage as a condition of approval. Council may want to specifically review individual signage. 13. Screened trash enclosures are to be provided per City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Provide verification from Sanitary Services that the 14foot driveway width is adequate for garbage trucks. Locate dumpsters so as not to impede fire access.. The Fire Marshal has indicated that, unless all buildings are provided with a fire protection system, the minimum unencumbered driveway width around all buildings is 20 feet. 14. The orientation of the buildings would not appear to lend itself to very desirable curb appeal and visibility for tenants wishing to locate here. 15. The photocopied view of the proposed building indicates split masonry would be used, although the view does not appear to depict this type of material. Please present additional information (i.e., photographs) of the actual construction materials. The P&Z Commission may also request elevations and color schemes for the entire development. 16. Significant changes from the site plan approved under this conditional use permit, as determined by the Planning & Zoning Administrator, will require re-noticing and rehearing before the Planning & Zoning Commission and Council. w MERIDIAN PLANNING & ZONING COMMISSION MEETING: October 14.1997 APPLICANT: TOM BEVAN AGENDA ITEM NUMBER: 10 REQUEST: PUBLIC HEARING: REQUEST FOR A CONDRIONAL USE PERMIT FOR A RETAIL SHOPPING CENTER AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS l~ l y~~ ~,1 ~I~' Y~ SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING & ZONING COMMISSION MEETING: November 12.1997 APPLICANT: TOM BEVAN AGENDA ITEM NUMBER: 7 REQUEST: PUBLJC HEARING CONTINUED FROM OCTOBER 14 1997 -REQUEST FOR CONDITIONAL _USE PERMIT FOR A REtAIL SHOPPING CENTER AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ,~~~J /'~~ OTHER: Alf Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION TOM BEVAN APPLICATION FOR ANNEXATION AND ZONING N. 386.5' OF E. 206.55'OF W. 453.20' OF LOT 7, PLEASANT VALLEY SUBDIVISION 2030 W. FAIRVIEW AVE. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for public hearing on October 14, 1997, at the hour of 7:00 o'clock p.m., the Applicant, Tom Bevan, appearing personally, 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. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for October 14, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 14 , 1997, 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 included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. .The property is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 approximately 1.8 acres in size. 3. The Applicant is not the record owner of the property; however, the record owner, Tressie Snodgrass, has consented to this application of the Applicant. 4. The property is presently zoned by Ada County as R-8, and is used for a personal residence and for agricultural purposes. The land has a single residence, a barn, outbuildings, and a pasture with livestock on it. The Applicant requests the property be zoned (C-G), General Retail and Service Commercial. The Applicant has requested the annexation and this zoning, and the application is not at the request of the City of Meridian. 5. The Applicant intends to develop a retail shopping center on the parcel. More specifically, Chelsea Square retail shopping center containing four shops to be leased to retail tenants. 6. The property is located at 2030 W. Fairview Avenue. The property adjoins the city limits of the City of Meridian 7. Tom Bevan, the Applicant, testified substantially as follows at the public hearing. He will comply with all staff comments, although he is unsure how to comply with staff comment number 14, but would be willing to do anything suggested to change the design or anything else necessary to add to the curb appeal. The Applicant has tried to model the shops in the site plan after the GAP store in Boise. The buildings will be professional looking with gray stucco, and a monument sign is preferred along with signage on each building.. The Applicant intends to avoid having an FINDINGS OF F1:CT AND CONCLUSIONS OF LAW.- Page 2 ANNEXATION A1vD ZONING - TOM BEVAN Finalized 10-28-97 anchor store or national franchise in the shopping center, but intends instead to attract regional or local businesses. The Applicant will, as the Fire Department's comments suggested, try to eliminate the 20 foot fire easement around the outside of the development. 8. In response to questions by Commissioner Borup, the address will be changed, per the fire department's request, to an odd number since it has always been incorrect. The Applicant also prefers a cross access with Econo Lube N'Tune that is deeper into the lot. The buildings can also be moved up closer to the road than they are, but there is only a driveway between them and the berm now. 9. In response to questions by Commissioner MacCoy, the Applicant testified that the buildings will be a stick frame with gray stucco and a sloped roof. There will be adequate pole lighting in the parking lot to provide safe lighting for customers. The lighting will not produce a glare, as the Applicant is striving to develop and upscale shopping center. 10. Commissioner Smith commented that there is too much asphalt on the site plan and there are trash collectors on the east and west sides of the development, with the back sides of the buildings showing from the street. The buildings are also too small, limiting future tenants. To eliminate a straight drive through on the cross access, the buildings can just be moved so cars would have to zigzag through the site. Commissioner Smith FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 recommended that the Applicant hire an architect sooner than later to better design the site plan because the engineer's rendition is not attractive. The site needs some more landscaping and some other design approaches should be considered for laying out the buildings. In response, Mr. Bevan testified that he is just trying to get the annexation and zoning through at this point, and will comply with the comments, spruce up the site plan, and come back in later to get the conditional use permit approved. 11. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted general comments and site specific comments. Their general comments and site specific comments are incorporated herein as if set forth in full. Their general comments included the following: a. The legal description submitted with the application for annexation and zoning appears to have one minor error in the bearing along .the north boundary of Section 8, T.3M., R.lE.,B.M., to the Point of Beginning. Please revise and resubmit to the City Clerk's office for review. b. The request for C-G along the frontage of Fairview Avenue is consistent with the Meridian Comprehensive Plan. c. A development agreement incorporating detailed conditions of approval is required as a condition of annexation. Their site specific comments included the following: a. Sanitary sewer service to this site will be via an extension of an .existing mainline located in Wilson Lane. Approval of ,this application will be conditional 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - P~.ge 4 ANj~EXATION AND ZONING - TOM BEVAN Finalized 10-28-97 proposed development. The Subdivision designer is 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. b. Water service to this site will be via extensions of an existing ten-inch diameter main located in Wilson Lane. The Applicant shall construct the water mains to and through this proposed development. The Applicant is to coordinate main sizing and routing with the Public Works Department. c. High-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at Applicant's expense. Typical locations are at street intersections and/or fire hydrants. d. The Applicant shall provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed so not to cause glare or adversely impact neighboring residential properties or the traveling public, as determined, by the City of Meridian. e. 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. f. The requirements for D & B Supply called for a minimum 25-foot-wide berm beyond the required right- of-way along Fairview Avenue. The Econo-Cube Subdivision, directly to the west of the proposed site, must also meet this requirement. The Owner/Applicant on this project shall construct a berm adjacent to the south right-of-way line of Fairview Avenue a minimum of 25 feet in width ranging in height above the grade of the adjacent parking area from two feet to four feet. g. The Fairview Avenue berm will be landscaped and sprinkler irrigated in accordance with a detailed landscape plan to be submitted by developer and approved by the City. Said plan shall be submitted for review and approval prior to submittal of a building permit application. A minimum of one three-inch caliper tree per 1,500 square feet of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 asphalt is required. h. The Applicant shall provide certification by a landscape architect that three-inch caliper trees will thrive in the four-foot-wide planter area and at sgacing shown. Bumpers overhanging the planting strips would compromise the viability of trees in this area. i. The Applicant must comply with ACRD policy/approval for location and width of accesses and any necessary cross access agreements. A copy of the recorded warranty deed for additional right-of-way on Wilson Lane and Fairview Avenue, along with a letter of approval from the Ada County Highway District, is required prior to obtaining a building permit. The full right-of-way width needs to be dedicated on Wilson Lane to allow construction of utilities. j. Permanent easements shall be dedicated across the property for extension of public utilities. k. The Applicant will be required to construct curb, gutter and five-foot-wide sidewalk along the frontage of Wilson Lane, and five-foot-wide separated sidewalk along the frontage of Fairview Avenue. All pedestrian walkways within the development should be a minimum of five feet wide. 1. All parking stalls are to be a minimum of 9'x19' with 25' driveways per City Ordinance. The parking layout shown does not meet these requirements. Compact. stalls may only be approved with the approval of the Planning and Zoning Commission. Based on a square footage of 8,000, 40 parking spaces are required. The number of parking spaces proposed exceeds this requirement; however, required spaces will be based on individual tenant square footages. The four-foot-wide landscape medians should be removed and wider landscape islands provided at each end of the center parking areas. m. The Applicant shall provide signage for handicapped accessible stalls in accordance with ADA. n. 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, the Uniform Sign Code, and shall receive design approval of the Planning and Zoning Department. A-frame and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 ANNEXATION AND ZONING - TOM BEVP,iQ Finalized 10-28-97 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. Applicant indicates a single monument sign for all tenants of the center, and only one such sign is approved along the Fairview Avenue frontage as a condition of approval. .Council may want to specifically review individual signage. o. The Applicant shall 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. The Applicant shall provide verification from Sanitary Services that the 14-foot driveway width is adequate for garbage trucks. The Applicant shall locate dumpsters so as not to impede fire access. The Fire Marshall has indicated that, unless all buildings are provided with a fire protection system, the minimum unencumbered driveway width around all buildings is 20 feet. p. The orientation of the buildings would not appear to lend itself to very desirable curb appeal and visibility for tenants wishing to locate here. q. The photocopied view of the proposed building indicated split masonry would be used, although the view does not appear to depict this type of material. The Applicant shall present additional information (i.e., photographs) of the actual construction materials. The P & Z Commission may also request elevations and color schemes for the entire development. 12. The Applicant did not respond in writing to the general and site specific comments of the Assistant to the City Engineer and the Planning and Zoning Administrator. 13. The Meridian Police Department, the Nampa & Meridian Irrigation District, and Central District Health submitted comments, which respective comments are incorporated herein as if set forth in full. 14. The Meridian Fire Department submitted comments, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 ANNEXATION AND ZONING - TOrI BEVAN Finalized 10-28-97 including the comment that the address will need to be changed. Its comments are incorporated herein as if set forth in full. 15. The Meridian Water Department submitted comments, including the comment that it recommends that a 8" or 10" water main be installed on the south side of Fairview Avenue for Domestic, Landscape, and Fire Usage. Also that the Wilson Lane main continue for additional domestic, landscape,, and fire protection. Its comments are incorporated herein. 16. The Ada County Highway District has or may hereafter submit comments. Its submitted comments, if any, are incorporated herein as if set forth in full, and its comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. 17 . There mera ,,,, „+t,e,. ..............i.. L__ LL _ ___. , . _ . _ _ application. 18. The property is adjacent and abutting the present city limits of the City of Meridian. 19. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 20. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. FINDINGS OF FACT AND C7NCLUSIONS OF LAW - Page 8 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 coxczusioxs og 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 Applicant's property. 2. The City of Meridian has authority to annex land pursuant to Idaho Code Section 50-222 and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian. The exercise of the City's annexation authority is a legislative function. 3. The Planning and Zoning commission has judged this annexation and zoning application under Idaho Code Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it may take judicial notice. 4. There has been compliance with all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian. 5. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. The annexation application has been initiated by the Applicant, and is not upon the initiation of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS Or^ LAW - Page 9 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 8. Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots and other uses. 9. The following pertinent statements are ,made in the Meridian Comprehensive Plan and are specifically applicable to this Application: 1. Under ECONOMIC DEVELOPMENT COMMERCIAL ACTIVITY CENTERS at page 17 Retail, commercial and office development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas should be set aside .as Commercial Activity Centers and their development carefully guided. Various commercial activity centers are designated on the generalized land use map. Planning policies pertaining to commercial activity centers are presented in the land use chapter of the plan. MIXED-PLANNED USE DEVELOPMENT AREAS at page 17 Mixed use is a planning category which refers to the coordinated development of several major uses as part of a single project, such as specialty retail/commercial, variable density residential, offices, motels, industrial, service, commercial, and public and semi-public uses. Certain areas have been designated for mixed-planned uses. The development of mixed and planned compatible land uses should be carefully guided through specific project plans, in accordance with the mixed-use policies contained in the Land Use chapter of the Plan. Economic Development Goal Statement Policies, Page 18 1.1 The City of Meridian shall make every effort to create a positive atmosphere which FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. (Emphasis added.) 2. .Under LAND USE EXISTING CONDITIONS, Page. 21 Commercial and retail areas are established along major arterials, and include small commercial center and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Area of Impact, Page 22 Comprehensive Plan Map The proposed future land use delineations for the impact area are shown on the Comprehensive Plan Map - Generalized Land Uses, The land use element is based upon these objectives: 4. Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. (Emphasis added.) COMMERCIAL ACTIVITY CENTERS, Page 25 In all cases, the locations of Commercial Activity Centers should be guided by performance and developments standards. These standards consider, among other aspects: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page: 11 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 1. Traffic Volume and Type 2. Trip Generation 3. Impacts on Arterial Street System 4. Proximity to Other Commercial Development 5. Impacts on Neighborhood Residential Areas 6. Accessibility of Site r7• Parking Demands 8. Pedestrian Circulation 9. Available Utility Systems 10. Aesthetics (,Design Considerations) 11. Use Impacts Upon Other Adjacent Uses 12. Internal Circulation Design 13. Drainage COMMERCIAL POLICIES, Page 26 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. (Emphasis added.), MIXED-PLANNED USE DEVELOPMENT, Page 28 Mi verl-71Qe 11~...... .t r -----.. i.~---- ' These areas are within Ada County, but nearly surrounded by the City of Meridian. The area is characterized by large rural lots, and a sparse development pattern. In order to stimulate planned development in these areas, the following policies apply: 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. 5.17U A variety ofcoordinated, planned and compatible land uses are desirable for this area, including low-to-high density residential, office, light industrial and commercial land uses. 5.18U Existing residential properties will be protected from incompatible land-use development in this area. Screening and buffers will be incorporated into all development requests in this area. 5.19U A planned community shopping center is anticipated near the Locust Grove BINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 Road/Fairview Avenue intersection. Rural Areas, page 29 Land covered by this policy section has characteristics which generally allow for agricultural and rural residential activity due to the existence of irrigation systems, soil characteristics and relative freedom from conflicting urban land uses. Where community growth creates pressure for new development, it must be recognized that agricultural land can no longer economically continue to be identified or used as agricultural land to the exclusion of orderly city growth and development." 3. Under TRANSPORTATION, Page 43 Existing Conditions a. Cherry Lane/Fairview, East of Meridian Road, is listed as a principal arterial b. Locust Grove, Franklin to Ustick is listed as a Minor arterial. 4. Under COMMUNITY DESIGN, at Page 71 Community Identification Goal Statement Create visual quality and functional identity for the City of Meridian and its surrounding environment. Policies 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 ANNEXP,TION AND ZONING - TOM BEVAN Finalized 10-28-97 Special Community Design Areas Goal Statement 2.1U Require businesses and government to install and maintain landscaping. _2.2U Encourage area beautification through uniform sign design that enhances the community. 2.3U Encourage the beautification of streets, parking lots, public lands, and state highways. 2.5U Encourage the use of attractive open space, landscaping, lighting, and street furniture for the benefit of the Aublic. Entrvwav Corridors Entryway corridors are arterial roadways entering the community that introduce both visitors and residents to Meridian. City-designated gateway arterials include the following streets: c. Fairview Avenue (East entrance) Entryway corridors are a community's front door. It is acknowledged that the corridor's trees (or lack thereof), commercial signage, and site character provide the first, and often times the most lasting, impression of the entire community. Therefore, the entire community and, most specifically its governing bodies, have the right and the responsibility to guide the development and redevelopment that occurs along entryway corridors. Entrance Corridors Goal Statement Promote, encourage, develop and maintain aesthetically-pleasing entrances to the City of Meridian. Policies 4.2U Support ACRD corridor development standards for the entryways to the City. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 ANNEXATION AND ZONING - TOM BEVAiQ Finalized 14-28-97 business or residential development on entrance corridors. 4.4U Encourage landscaped setbacks far new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. Quality of Environment Goal Statement Policies 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. Neighborhood Identify Goal~Policies, 6.1U All Meridian neighborhoods will be served with sidewalks, curb and gutters, and functional streets. 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. 10. The property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a Mixed/Planned Use Development area and a commercial designation is just to the west of the parcel. 11. The requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C-G L General Retail and Service Commercial: The purpose of the (C-G) 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 FINDINGS OF FACT AND COA'CLUSIONS OF LAW - Page 15 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 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. 12. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that Retail Stores are listed as permissible uses in the General Retail and Service Commercial (C-G) district. However, this parcel of land is within the Mixed-Use area at Locust Grove Road and Fairview Avenue as defined by the City of Meridian Comprehensive Plan quoted in paragraph 9 subsection (2) above. 13. That the City of Meridian Comprehensive Plan, under LAND USE, Mixed-Use Area at Locust Grove Road and Fairview Avenue, in 5.16U, states that all development requests will be subject to development review and conditional use permit processing to insure neighborhood compatibility. 14. Therefore, by the authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to operate retail stores on this parcel of land. 15. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond tv lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance. and a Planned General Development is defined as follows: FINDINGS OF FACT A*iD CONCLUSIONS OF LAW - Page 16 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses. and a Planned Commercial Development is defined as follows: Any development in which the principal use of land is for commercial purposes. 16. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Tdaho 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, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 ANNEXATION ANL• ZONING - TOM BEVAN Finalized 10-28-97 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; that the industrial and commercial developments do provide taxes for providing fire, police, emergency health care, water, sewer, parks and recreational services for people that are here, and which will come here. 17. 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 lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 18. 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. 19. That Section 11-9-605 L states, in part, as follows: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 20. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 ANNEXATIJN AND ZONING - TOM BEVAN Finalized 10-28-97 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan . ., 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses: 21. That 11-9-607 E, of the Subdivision Ordinance, states in part as follows: A PD shall be allowed only as a Conditional Use in .each district subject to the standards and procedures set forth in the Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section. 22. That 11-9-607 F, of the Subdivision Ordinance, states in part as follows: 1. Planned Develot~ments - Planned developments shall be subject to requirements set forth in the Zoning Ordinance and also subject to all provisions within this Ordinance. S. Financial Guarantees - The developer shall post financial guarantees for all approved on-site improvements if required pursuant to 9-606 C. 23. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The Citv of Idaho Falls, 105. Idaho 65, 665 P2d 1075 (1983). 24. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paao 19 ANNEXATION AND ZONING - TOM BEVAN r Finalized 10-28-97 development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 25. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 26. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. It is concluded, however, that it is more appropriate to enter into a development agreement for the development of the property, and therefore as a condition of annexation, a development agreement must be entered into prior to development of the property or issuance of final plat approval. 27. As a condition of annexation and the zoning of (C-G) General Retail and Service Commercial, the Applicant shall enter into a development agreement as authorized by 11-2-416 L and 11-2- 417 D. The development agreement shall address, but not be limited to, the following matters: a. Inclusion into the development the requirements of 11-9-605; b. Payment by the Applicant, or if required, any FINDINGS OF FACT AND CONCLUSIONS OF LA~n? - Page 20 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 successors in interest, assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City; ~. Addressing the property access linkage, screening, buffering, transitional land uses and traffic study; d. An impact fee, or fees for fire, police, emergency health care, water, sewer, and parks and recreation services as determined by the City; e. Appropriate berming and landscaping; f. Submission and approval of any required plats; g. Submission and approval of individual building, drainage, lighting, parking, and other developmental plans of the property; h. Harmonizing and integrating the site improvements with the surrounding residential development and other development; i. Addressing and complying with the present general and site specific comments of and the comments hereafter made by the Planning and Zoning Administrator; j. Addressing and complying with the present general and site specific comments of and the comments hereafter made by the City Engineer and the Assistant to the City Engineer; k. Addressing and complying with the comments and requirements of the Ada County Highway District; 1. Addressing and complying with the comments and requirements of other governmental agencies submitting comments; m. The sewer and water requirements; n. Traffic plans and access into and out of any development; and o. Any other items or matters deemed necessary by the City Staff, including design review of all development, and conditional use processing. FINDINGS OF FACT AND CONCLUSIONS Ok' LAW - Page 21 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 28. That Section 11-2-417 D of the Meridian Zoning Ordinance states that a development agreement should be recorded in the office of the Ada County Recorder and take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. That it has been the experience of the City that development agreements are difficult to enter into prior to the annexation ordinance being passed; that it is concluded that the development agreement shall be entered into prior to .the final plat being approved and prior to issuance of any building permits.. 29. The development of the property as a (C-G) General Retail and Service Commercial District, as requested by the Applicant, would be compatible to the development in the surrounding area. 30. It is therefore concluded that the annexing and zoning of the property is in the best interest of the City of Meridian, and it is concluded that the annexation shall be conditioned upon meeting the requirements of these Findings of Fact and Conclusions of Law and if they are not met the land may be de-annexed. 31. The requirements of the Meridian City Engineer, Meridian Planning and Zoning Administrator, Meridian Water District, Meridian Fire Department, Ada County Highway District, Central District Health Department, the Nampa & Meridian Irrigation District and other governmental agencies shall be met and addressed in a development agreement. 32. All ditches, canals, and waterways shall be tiled as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 condition of annexation and if not so tiled, the property shall be subject to de-annexation. 33. Pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 34. The Applicant shall be required to connect the property to Meridian water and sewer, extend the water and sewer lines to serve the property, and resolve how the water and sewer mains will serve the property, all of which shall be at the Applicant's, or its successor's, or successors' cost and expense. Said water and sewer requirements-shall be performed on or before the time that the Applicant or its successor, or successors desire to use the property or place a user on the property. 35. These conditions shall run with the ,land and bind the Applicant and its successors in interest, assigns, heirs, executors or personal representatives. 36. With compliance of the conditions and requirements contained herein, the annexation and zoning of the property as (C- G) General Retail and Service Commercial District would be in the best interest of the City of Meridian. 37. If these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de-annexed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. - ROLL CALL COMMISSIONER BORUP COMMISSIONER MACCOY COMMISSIONER SMITH COMMISSIONER NELSON CHAIRMAN JOHNSON (TIE BREAKER) VOTED ~ VOTED ~¢~. VOTED VOTED VOTED u(~~5~ DECISION AND RECOMMENDATION The 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 Fact and Conclusions of Law, including that the Applicant or its successors in interest, assigns, heirs, executors or personal representatives enter into a development agreement; that if the Applicant is not agreeable with these Findings of Fact and Conclusions of Law and/or is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: ~~~ ~ „(~ 7 DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 MERIDIAN CITY COUNCIL MEETING:. JUNE 2, 1998 • APPLICANT: TOM BEVAN ITEM NUMBER: 8 REQUEST• PUBLIC HEARING• ANNEXATION 8<ZONING OF 7 8 ACRES TO C-G (CHELSEA SQUARE) 2030 W FAIRVIEW AVENUE AGENCY COMMENTS CITY CLERK: SEE ATTACHED FINDINGS FROM P & Z CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER; US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: J' "~ IE~ nn~ I~ ~' P gri~,h All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION TOM BEVAN CONDITIONAL USE PERMIT FOR A RETAIL SHOPPING CENTER (CHELSEA SQUARE) 2030 W. FAIRVIEW MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for a continued public hearing on April 14, 1998, at the hour of 7:00 o'clock p.m., the Applicant's representative, Patrick McKeegan, appearing 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 March L0, 1998, and again on April 14, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 10, 1998, and April 14, 1998, hearings; 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 2030 W. Fairview Avenue. The property is described in the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 TOM BEVAN - CONDITIONAL USE PERMIT ~. application for a conditional use permit, which description is incorporated herein as if set forth in full. The Applicant is 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 retail shopping center. The Applicant presented a site plan depicting the location of the proposed use. 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. Tom Bevan was sworn in by the Assistant City Attorney at the March 10, 1998 hearing. Mr. Bevan testified that the new redesign fits better on the lot and provides greater exposure to Fairview Avenue. Mr. Bevan noted that they have a cross use agreement prepared with Econo Lube and Schucks, but the agreement has yet to be signed by those parties. He noted that what they have done is redesign the site so .that it fits better on the lot and provides greater exposure to Fairview Avenue. Mr. Bevan noted that the original design was four buildings but they have redesigned it down to two buildings. One up front and then one in the back of the lot. Mr. Bevan noted the landscape and parking is in accordance with the City's requirements and he submitted a design for the Commission's consideration. Mr. Bevan showed some color schemes, specifically, blue and silver which pertained to the roof and siding. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 TOM BEVAN ~ CONDITIONAL USE PERMIT ~ ! 5. Commissioner Maccoy noted that the drawing submitted by Mr. Bevan included an excess number of compact parking stalls and that there should be some sort of a correction. Commissioner Maccoy inquired about handicapped parking and whether there would be access on the south side where the handicapped parking is located. Mr. Bevan noted that an entrance to the building is located on that side. 6. Commissioner Borup inquired about the color of the trim and roof of the proposed building. Mr. Bevan noted that the trim and the roof would be blue along with fascia around the windows. Commissioner Borup noted that it appears there is the potential for future access to the property from the east. Mr. Bevan confirmed the Commissioner's statement. 7. Commissioner Smith expressed concern about the compact parking. He suggested adjusting the aisle in front of building two and turning the center block, which would change compact stalls into regular stalls. Mr. Bevan noted that it was a good idea. Commissioner Smith inquired about the elevations on building two, noting that they were not provided for the on the south and east side of that building. Mr. Bevan noted that the elevations indicated on the other building would be similar to building two but the glass in the back would not be as prevalent. Commissioner Smith inquired about an alley being paved. Planning and Zoning Administrator Stiles noted that it was a requirement from the Fire Department that twenty feet be paved. Mr. Bevan noted that one hundred and fifty four feet were paved. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 TOM BEVAN - CONDITIONAL USE PERMIT Commissioner Smith inquired about a trash enclosure, as one was not depicted on the plans. Mr. Bevan noted that it might not have been noted on the plan. Commissioner Smith stated that one should be identified for the City Council's consideration. Mr. Bevan confirmed that he would include one in the plans. Commissioner Smith noted that the landscaping appears to be vague and there will need to be some clarifications before final approval. Commissioner Smith noted his concern about a silver colored building. He also noted that he is familiar with drivit, but not silver drivit. Mr. Bevan noted that the color is similar to the Gap store near the Boise mall. Commissioner Smith inquired about the signage for both the building and the development as it was not indicated on the site plan.. Mr. Bevan noted that it would be a monument sign for the development and a small sign for each tenant on the building. Commissioner Smith noted that he felt it would be beneficial for the City Council to view an example of your sign proposal. Mr. Bevan agreed with Commissioner Smith's recommendation. 8. Commissioner Maccoy inquired about the lighting for the proposed building, as it was not shown on the plans. Mr. Bevan noted that he would add it to the plans for the City Council. 9. Planning and Zoning Administrator Stiles noted some additional items that she would like to see included in the site plans. She noted that the trash enclosures were not on the plans, the Wilson Lane improvements need to be shown, the ADA access FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 TOM BEVAN - CONDITIONAL USE PERMIT aisle and the trees need to be shown on the plan. She noted that there are 32 trees required with the paved area. She noted that she would like to see the proposed signage and a clarification from Ada County Highway District about whether they are measuring from the centerline or sectionline. She noted that they need to show the sidewalk on Fairview and it needs to be constructed. She noted that there is no cross access to the adjacent lot at Econo Lube. She noted that they would be willing to entertain maybe a point of access, but the double stacking with contiguous access there would not be approved. She noted that she would like to see the lighting as was suggested and the existing and proposed utilities as part of this plan. Mrs. Stiles noted that the plan has come a long way from the first elevations they received, but she still thinks there is a lot work to comply with the ordinance and to present a submittal that is complete. 10. Commissioner Smith inquired about the 54-foot requirement and whether it was from the center line or section line. Administrator Stiles noted that she would like clarification from ACHD that they mean the section line and not the centerline as it might have a serious impact on the project. Mr. Bevan noted that he would get some clarification on the project plans. 11. Commissioner Borup inquired about the cross access agreement and whether the landscape barrier would be removed. Mr. Bevan noted that the barrier would be removed. 12. Chairman Johnson, Commissioners Smith and Borup noted FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 TOM BEVAN - CONDITIONAL USE PERMIT that there are a considerable number of unresolved issues pertaining to this project and that it may be wise to continue the public hearing to allow the applicant to address the above noted concerns. The Planning and Zoning Commission by motion continued the public hearing until the April 14th meeting to give the applicant an opportunity to resolve the Commission's concerns. 13. The public hearing was continued until April 14, 1997 14. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, have submitted comments, which respective comments are incorporated herein as if set forth in full. 15. The Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Meridian Water Department, Central District Health Department and Nampa & Meridian Irrigation District submitted comments, which respective comments are incorporated herein as if set forth in full. 16. Additional testimony from the continued public hearing of April 14, 1998 included the following public testimony. 17. The Assistant City Attorney swore in Patrick McKeegan. He stated that he was not at the last hearing, and it was his understanding the Commission had a number of questions and concerns about the plot plan. He noted that all the concerns have been addressed, including the Ada County Highway District. The site plan has been revised so that all the required parking is maintained on site without requiring access to any of the adjacent FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 TOM BEVAN - CONDITIONAL USE PERMIT • pieces of property. He noted that they have met with Shari Stiles and Skip Voss, the Fire Marshall, who have approved the site configuration. On the plan, the existing larger trees will try to be saved during construction. The smaller trees meet the City's requirements for one three-inch caliper tree for every 1500 square feet of parking area. The building site is approximately 20,000 square feet. The 20,0000 square feet has been broken into two buildings, with the building in front in line with the building in the back. This was done to obtain the required parking on the site without having to use the property to the. west for access. Between the two buildings there will be a courtyard and a clock tower. The. only variance requested is along the west property line where there are eight parking spaces, but they are requesting the parking be compact spaces in depth only, otherwise the spaces will be the full nine feet width, and they are not requesting the minimum depth. He noted that the reason for the request is to maintain a five-foot landscaped strip along that parking of the west side of the property line. He noted that this is the side next to Econo Lube. Econo Lube will have a seven foot wide landscape strip on the other side and the compact spaces would not be a detriment as the cars would actually be able to pull up to the curb and overhang into the landscaping because of the site width. This area had to be reduced in length to eighteen feet instead of the required footage. The trash enclosure will now be located behind the building. The required streetlights will be at the entrances, with some additional lighting in the parking areas. There will be some FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 TOM BEVAN - CONDITIONAL USE PERMIT i light sconces provided for lighting at the pedestrian walkways and other areas. He noted that depending upon the tenants there would be glazing for building A on the northeast, west, and the south side opening into the courtyard. He noted that it would depend upon the tenants. Building B will primarily be glazed on the north side facing the courtyard with the west and north side on the parking. This side is anticipated to be retail type businesses, with the backsides, the south and east walls, of the building used for deliveries and access. These sides will have. sidewalks and doors. The building will be that of a commercial type and the use of different materials, colors and textures will be incorporated. He noted that they are going with a light gray building with kind of a dark gray band and then two different colors of green accents to accentuate the fascia band. The clock tower is going to have a functional clock in it with a painted metal frame to act as kind of an accent and a focal point for the center of the development. He requested that the Commission approve the project as it is now submitted. He noted that they have indicated the extension of the utilities down Wilson Lane from the west where they pick up at the Econo Lube property and the Econo Lube is constructing those utilities and expects to have those done either this week or at the end of next week. 18. Commissioner Maccoy commented on the site lighting pertaining to seeing only three standards in the beginning, one at Wilson and one in the middle of a property. He questioned if three was the total for the lighting. Mr. McKeegan stated "The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 TOM BEVAN - CONDITIONAL USE PERMIT i ! two at the driveways are the required ones, the streetlights like I indicated, we have another one showing in the parking area and then we are going to have lighting on the building on approximate sixteen-foot centers and that's going to be a high light sconce on the fascia which will light in front of the buildings. At the point that we've approved for this we're going to hire an electrical engineer who will then do a study of the site and do the calculations to determine if we need more lighting and obviously we're not going to leave people out in the dark we want people to be able to see the buildings at night, we want people to be able to come to this building and feel safe and we're going to provided whatever lighting is prudent under the circumstances. It's not our intention to skimp on the lighting it's not in our best interests to have people out there tripping and putting themselves in danger. Your comment's well taken." Mr. McKeegan continued by commenting that the large triangular elements were sconce type lighting. 19. Commissioner Maccoy questioned the trash area for building A and B, and if it was going to be in one location behind B. Mr. McKeegan responded that it was, and there would be a sidewalk that connects down the east sides of buildings A and B. The trash area will depend upon the type of tenants and the amount of trash accumulated from them. He noted that they will fill whatever need for trash dumpsters, and no trash will be allowed to pile up. 20. Commissioner Maccoy questioned if the handicapped FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 TOM BEVAN - CONDITIONAL USE PERMIT parking spaces had a ramped area. Mr. McKeegan noted that it would be a drop zone design that feathers up rather than a ramp that goes out into the parking area. Commissioner Maccoy questioned what the plans were regarding the signage. Mr. McKeegan noted that the signage would be up to the individual tenants. Commissioner Maccoy noted that the City has requirements for the size of signs. Mr. McKeegan noted that they would be in accordance with the sign ordinance. He noted that the panel is approximately four-feet high by twelve to sixteen-feet wide and that could be either individual letters or it could be a box type sign. He noted the plans show a monument sign out at the north driveway at Fairview Avenue seventy-two square feet, which would identify the center itself. Commissioner Maccoy stated he was just- looking for, uniformity in the whole complex. Mr. McKeegan assured him there would be some criteria and would be uniformity and consistency. 21. Commissioner Smith noted that the setback on Fairview Avenue was already worked out with ACHD, but that last. month there was a question on whether there was a conflict on the center line or section line. Mr. McKeegan stated, "It was from the center line of street and it's the same criteria that they imposed on the Econo Lube project next door that I did so we - our twenty-five foot setback is from the new property line at the front of the site it's not from the existing." 22. Commissioner Smith inquired about the signage and wanted Mr. McKeegan to expand on what type of tenants the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 TOM BEVAN - CONDITIONAL USE PERMIT • building would house, professional office, retail or whatever the market demands. Mr. McKeegan noted that they are just sending out proposals and it could be either office or retail at this point but noted it would not be a lot of signage unless it was a national client. Commissioner Smith expressed his concern about the signage because he believes there is an abundance of poor signage on Fairview Avenue. He would like to see some type of graphics on the glass of the building, in the windows, so that it doesn't jump out at a person. He noted that he would like a sign submitted to the City Council for their approval. Commissioner Smith also wanted to know the type of siding they envision for the project. Mr. McKeegan noted that it would probably be just a wide lap residential type or the type you see on commercial buildings, and they're putting it on the east and south side areas. There will be a four-foot wains coat of masonry so that the hand trucks, carts, and stuff will be hauled down there and the building will not get torn up. Mr. McKeegan continued by stating, "It'll be a probably a gray tone to match the EIFS or the drivit system, the stucco system. 23. Commissioner Smith commented on the 1/3 parking at the rear of the building. He noted that the way it is designed the access to the buildings is going to be from the west and north side of building B. Mr. McKeegan noted that was correct and that they anticipated the parking on the south side would be primarily for employees and overflow. Commissioner Smith noted that there was no real pedestrian link between the parking lot and the front FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 TOM BEVAN - CONDITIONAL USE PERMIT of the building, and that a person would have to go in, unless they went around the east side. Mr. McKeegan acknowledged that would be correct. 24. There was no further testimony given at the hearing. 25. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, addressed the following comments in regards to the specific site plan as follows: 1. Sanitary sewer service to this site .will be via an extension of an existing mainline located in Wilson Lane. 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. 2. Water service to this site will be via extensions of an existing ten-inch diameter main located in Wilson Lane. Applicant will be responsible to construct the water mains to and through this proposed development. Applicant is to coordinate main sizing and routing with the Public Works Department. 3. High-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at Applicant's expense. Typical locations are at street intersections and/or fire hydrants. 4. 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. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 TOM BEVAN - CONDITIONAL USE PERMIT • • 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. 6. The requirements for D&B Supply called for a minimum 25-foot-wide berm beyond required right-of-way along Fairview Avenue. The Econo-Cube Subdivision, directly to the west of the proposed site, must also meet this requirement. The Owner/Applicant on this project shall construct a berm adjacent to the south right-of-way line of Fairview Avenue a minimum of 25 feet in width ranging in height above the grade of the adjacent parking area from two feet to four feet. The Fairview Avenue berm will be landscaped and sprinkler irrigated in accordance with a detailed landscape plan to be submitted by developer and approved by the City. Said plan shall be submitted for review and approval prior to submittal of a building permit application. A minimum of one three-inch caliper tree per 1,500 square feet of asphalt is required. Applicant should provide certification by a landscape architect that three-inch caliper trees would thrive in the four-foot-wide planter, area and at spacing shown. Bumpers overhanging the planting strips would compromise the viability of trees in this area. 7. Comply with ACRD policy/approval for location and width of accesses and any necessary cross access agreements. A copy of the recorded warranty deed for additional right-of-way on Wilson Lane and Fairview Avenue, along with a letter of approval from the Ada County Highway District, is required prior to obtaining a building permit. The full right-of-way width needs to be dedicated on Wilson Lane to allow construction of utilities. 8. Permanent easements will need to be dedicated across the property for extension of public utilities. 9. Applicant will be required to construct curb, gutter and five-foot-wide sidewalk along the frontage of Wilson Lane, and five-foot-wide separated sidewalk along the frontage of Fairview Avenue. All pedestrian walkways within the development should be a minimum of five feet wide. 10 . All parking stalls are to be a minimum of 9' xl9' with 25' driveways per City Ordinance. The parking layout FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 TOM BEVAN - CONDITIONAL USE PERMIT • shown does not meet these requirements. Compact stalls may only be approved with the approval of the Planning and Zoning Commission. Based on a square footage of 8,000, 40 parking spaces are required. The number of parking spaces proposed exceeds this requirement; however, required spaces will be based on individual tenant square footages. The four-foot-wide landscape medians should be removed and wider landscape islands provided at each end of the center parking areas. 11. Provide signage for handicapped accessible stalls in accordance with ADA. 12. 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, the Uniform Sign Code, and shall receive design approval of the Planning and 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. Applicant indicates a single monument sign for all tenants of the center, and only one such sign is approved along the Fairview Avenue frontage as a condition of approval. Council may want to specifically review individual signage. 13. Screened trash enclosures are to be provided per City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc., Provide verification from Sanitary Services that the 14-foot driveway width is adequate for garbage trucks. Locate dumpsters so as not to impede fire access. The Fire Marshal has indicated that, unless all buildings are provided with a fire protection system, the minimum unencumbered driveway width around all buildings is 20 feet. 14. The orientation of the buildings would not appear to lend itself to very desirable curb appeal and visibility for tenants wishing to locate here. 15. The photocopied view of the proposed. building indicates split masonry would be used, although the view does not appear to depict this type of material. Please present additional information (i.e., photographs) of the actual construction materials. The P&Z Commission may also request elevations and color schemes for the entire development. 16. Significant changes from the site plan approved under this conditional use permit, as determined by the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 TOM BEVAN - CONDITIONAL USE PERMIT Planning and Zoning Administrator, will require re- noticing and rehearing before the Planning and Zoning Commission and Council. 26. Kenny Bowers, Meridian Fire Chief, commented that the address needed to be changed, as the property is on the south side of Fairview. The hydrants, fire-water flows, and all codes will need to be met. 27. The Central District Health Department's comments regarded written approval to be submitted for central sewage and water. Plans for the central sewage and water are to be submitted for approval. Run-off is not to create a mosquito breeding problem, and storm water run-off should flow into a grassy swale before discharge to the subsurface. 28. Nampa & Meridian Irrigation District will require that a Land Use Change/Site Development application be filed for review prior to the final plat. All lateral and wasteways must be protected. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must also comply with Idaho Code 31-3805. It is also recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 29. Bruce Stuart, Superintendent of the Water Department, added his comments as follow: 1. The 10" water line on Wilson Lane to continue East, with fire hydrants and fire lines. 2. The 8" or 10" water main on E. Fairview, south side be extended in front on this property for domestic use and fire hydrant protective, and fire line. FINDINGS 0~' FACT AND CONCLUSIONS OF LAW - Page 15 TOM BEVAN - CONDITIONAL USE PERMIT 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 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 (CG) General Retail and Service Commercial. The (CG), General Retail and Service Commercial is described in the Zoning Ordinance, 11-2-408 B 8 as follows: (CG) 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 Ordinance as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 6. The City of Meridian has authority to place conditions FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 TOM BEVAN - CONDITIONAL USE PERMIT • 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. 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 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 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 TOM BEVAN - CONDITIONAL USE PERMIT • 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, will in fact, constitute a conditional use and a conditional use permit would be required by zoning ordinance; b. The use will be harmonious with and in accordance with the Comprehensive Plan and the Ordinance; c. The use 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. The use will not be hazardous or disturbing to existing or future neighboring uses; e. The use will 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 will not create excessive additional requirements at public cost for public facilities and services and the use will not be detrimental to the economic welfare of the community; g. The use 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. The use will not have vehicular approaches to the property which will be so designed as to create an interference with traffic on surrounding public streets; and i. The development of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 18 TOM BEVAN - CONDITIONAL USE PERMIT • •. 10. That since conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is decided that the above noted conditions from the Assistant City Engineer, the Planning and Zoning Administrator, the Meridian Fire Chief, Central District Health, Nampa & Meridian Irrigation District, the Water Department and any and all other government departments and agencies submitting comments, shall be met. 11. The above noted conditions are concluded to be reasonable and the Applicant shall meet those conditions. 12. It is recommended that the request for the conditional use permit be granted. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 TOM BEVAN - CONDITIONAL USE PERMIT • APPRORTAL OF FINIDINGS OF FACT ANA CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP COMMISSIONER MACCOY COMMISSIONER SMITH COMMISSIONER NELSON CHAIRMAN JOHNSON (TIE BREAKER) c ~. VOTED ~ r:'~-~ ~ ~ ~' ~ VOTED i/L- VOTED ~ ~~/ VOTED of""- rn~ VOTED ~C DECISION AND RECOI~NDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it grant the Conditional Use Permit requested by the Applicant for the property described in the Application. However, should the Application be approved, 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, 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. MOT ION : , I Gl APPROVED: DISAPPROVED: 5-5-98 - Final FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 TOM BEVAN - CONDITIONAL USE PERMIT APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council Hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON MAYOR CORRIE (TIE BREAKER) DECISION VOTED VOTED VOTED VOTED VOTED The Meridian City Council hereby decides, based on these Findings of Fact and Conclusions of Law, the Conditional Use Permit requested by the Applicant for the property described in the Application is denied. MOTION: APPROVED: G6 DISAPPROVED: L- lC.~b FINDINGS OF FACT AND CONCLUSIONS OF LAW TOM BEVAN -CONDITIONAL USE PERMIT