Loading...
HomeMy WebLinkAbout1998 02-06~i~ • MERfDIAN CITY COUNCIL SPECIAL MEETING AGENDA FRIDAY, FEBRUARY 6, 1998 - 6:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: x RON ANDERSON x CHARLIE ROUNTREE x GLENN BENTLEY x KEITH BIRD x MAYOR ROBERT CORRIE 1. FBNDINGS OF FACT AND CONCL4JSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY MODULAR BUILDING BY MERIDIAN POLICE DEPARTMENT: (APPROVED) 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT BY PLUMBERS AND PIPEFITTERS LOCAL #296. (APPROVED) ~ • MERIDIAN CITY CDUNCJL SPECIAL MEETING AGENDA FRIDAY, FEBRUARY 6, 1998 - 6:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: Y RON ANDERSON _~CHARLIE ROUNTREE ~c GLENN BENTLEY ~ KEITH BIRD ~MAYOR ROBERT CORRIE , 1. FINDINGS O~ FACT AND COIVCLUSIONS OF LAW FOR A C:ONDITIONAL USE PERMIT FOR A TEMPORARY MODULAR BUfLDING BY MERIDIAN POLICE DEPARTMENT: ~~yo/~u ,C/~ ~C~L ~~r~~.c.Q de~~~~ 2. FlNDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT BY PLUMBERS AND PIPEFITTERS LOCAL #296. Gt~7~Y-d /~cf ~~~' ~ C~~L ~ ro /.e~ G~Zt"it~~ln~/ . • MERfDIAN CITY COUNCIL SPECIAL MEETING FEBRUARY 6, 1997 The special meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 6:30 P.M. MEMBERS PRESENT: Charlie Rountree, Glenn Bentley, Ron Anderson, Keith Bird. ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY MODULAR BUILDING BY MERIDIAN POLICE DEPARTMENT. Corrie: Council you have those Findings of Facts and Conclusions of Law in front of you. Are there any questions that you might have on those? Corrie: Hearing no questions or comments on that I'll entertain a motion for the Findings of Facts and Conclusions of Law as prepared by Planning and Zoning Commission. Bentley: Mr. Mayor, I would move that Meridian City Council adopt the Meridian P& Z Findings of Facts and Conctusions of Law. Rountree: Second. Corrie: Motion made by Mr. Bentley, second by Mr. Rountree that we approve the Findings of Facts and Conclusion of Law that was adopted and approved by the Planning and Zoning Commission. Roll call vote: ROLL CALL VOTE: Bird - yea, Bentley - yea, Rountree - yea, Anderson - yea. MOTION CARRIED: All yeas. Corrie: I'll entertain a motion for the decision. Bentley: Mr. Mayor, the City of Meridian approves the conditional use permit for the modular building as a temporary o~ce for the Meridian Police Department with the conditions set forth in the Findings of Facts and Conclusions of Law that the applicant be specifically required to submit a final development plan, meet all of the requirements of the Old Town District and all ordinances of the City of Meridian. Rountree: Second. Corrie: Motion made by Mr. Bentley, second by Mr. Rountree that we approve the decision recommended as read. Is there any discussion? All those in favor of the motion say aye. Meridian City Councl'Special Meeting • February 6, 1998 Page 2 MOTION CARRIED: All ayes. ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT BY PLUMBERS AND PIPEFITTERS LOCAL #296. Corrie: Council, are there any discussions or comments on that? I entertain a motion for the Findings of Facts and Conclusions of Law. Rountree: Mr. Mayor I move that the City Council hereby adopts and approves these Findings of Facts and Conclusions. Bird: Second. Corrie: Motion made by Mr. Rountree, second by Mr. Bird that we approve the Findings of Facts and Conclusions of Law. Roll call vote. ROLL CALL VOTE: Bird - yea, Bentley - yea, Rountree - yea, Anderson - yea. MOTION CARRIED: All yeas. Corrie: I'll entertain a motion for the recommendation. Rountree: Mr. Mayor, I move that the City Council approves the conditional use permit for the Plumbers and Pipefitters Local Union #296 with the conditions set forth. in the Findings of Facts and Conclusions. Bentley: Second. Corrie: Mofion made by Mr. Rountree, second by Mr. Bentley to approve the recommendations. All those in favor say aye. MOTION CARRIED: Afl ayes. Corrie: Council, that concludes the special notice meeting for this evening. I'll entertain a motion for adjournment. Anderson: I make a motion for adjournment. Bird: Second. Corrie: Motion made by Mr. Anderson, second by Mr. Bird. All those in favor say aye. Meridian City Counc~pecial Meeting • February 6, 1998 Page 3 MOTION CARRIED: All ayes. MEETING ADJOURNED AT 6:40 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: . ```~~~,~,~~t~~~-~«,,,,~~~ ' ~~~``` ~~ ~ ',''~r'G ~ C~ ~ ~~w ,~•S ~ .", V « L AM G. BERG, JR., CI ERK ~ ~ ~ ~~AL ~ ~ ~ ~ _ = ~~ : . ~ '~~~9 ~T ts'~ • @.~`•``. C~.,~ ,~. ~ '''''~~~~~~~~rie~ n~u~~~~~, ````` ''~ ~ MERIDIAN CITY COUNCIL MEETING: FEBRUARY 6.1998 APPLICANT: MERIDIAN POUCE DEPARTMENT ITEM NUMBER: 1 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A COND(TIONAL USE PERMIT FOR A TEMPORARY MODULAR BUILDING AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CtTY'BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS ~~ I ~ ~~~ ~~~~ ~'~° ~~ ~ "- I ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDANO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: (L ~ ` _, ~~`~~ Vv OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~ ~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: February 4, 1998 APPLICANT: MERIDIAN POLICE DEPARTMENT AGENDA ITEM NUMBER: 1 REQUESf: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY MODULAR BUItDING AGENCY CITY CLERK: CITY ENGINEER: COMMENTS CITY PCANNING DIRECTOR: CITY ATfORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITfEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTH ER: ~~ ~ ~ c~ ~ ~ ~ r ~~/ ~ ~ ~ ~~,1 J ~ ,~fl , ~1 " ~ ~ All Materials presen#ed at public meetings shall become property of the City of Meridian. ~ • BEFORE THE MERIDIAN PLANNING AND ZONING CONIl~fISSION MERIDIAN POLICE DEPARTMENT CONDITIONAL USE PERMIT FOR A MODULAR BUILDING AS A TEMPORARY BUILDING SOUTHEAST CORNER OF IDAHO AVENUE AND E . 2r'D STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on January 13, 1998, at the hour of 7:00 o'clock p.m., the Applicant, Lieutenant Bill Musser, appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions 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 January 13, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 13, 1998 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 MERIDIAN POLICE DEPARTMENT - CONDITIONAL USE PERMIT • ~ 2. The property is located within the City of Meridian at the Southeast corner of Idaho Avenue and East 2nd Street. The property is described in the application for a conditional use permit, which description is incorporated herein as if set forth in full. The Applicant is the owner of record of the property. 3. The Applicant, Meridian Police Department, owns the property. 4. Pursuant to the application, the property is presently zoned as O-T, Old Town. The proposed use of the property is to place a modular building on the property for use as additional office space. The building would remain in-place until a permanent location is provided. 5. That the Old Town (OT) District is described in the Zoning Ordinance, 11-2-408 B. 12 as follows: (OT) Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served by the Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 6. Lieutenant Bill Musser testified as follows at the public hearing. The information he had for the hearing was to inform the Gommissioners of the department's concern why they are FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 MERIDIAN POLICE DEPARTMENT - CONDITIONAL USE PERMIT ~ ~ looking at a modular building. The primary factor is for the accessibility and the utilization of the services that they already have in place at the department, where they have moved off site with the investigative division. The purpose would bring the departments closer, and utilize the existing phone system, without being outside of it. This would allow them to route data lines over so they can get back on the computer system. This would be a significant.cost saver to the city budget. 7. Commissioner Borup asked if they would be able to get the structure in without removing the existing concrete that was currently in place. 8. Lt. Musser responded he had spoke with GE Modular's Sales Representative, who thought it wouldn't be a problem. 9. Commissioner Borup asked about the supporting overhang on the back. 10. Lt. Musser stated they kept the building short enough so it won't come in contact with the building structure which is already on site. 11. Commissioner Borup stated that Nampa & Meridian Irrigation made a comment, basically, referring to the back of the property, and the Commissioner thought it was not in the area. He also noted the Police Chief's comment that, "It was a wonderful idea." 12. Commissioner Smith questioned if the portable was going to be accessed directly frorn the existing facility. 13. Lt. Musser responded that it would have a separate FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 MERIDIAN POLICE DEPARTMENT - CONDITIONAL USE PERMIT ~ ~ entrance because they couldn't tie directly into the building. There would be a door facing out to the east direction which would access their existing parking lot. Additionally, employees could walk in under the overhang and into the back door. 14. Commissioner Johnson questioned if this was a purchased or leased facility. 15. Lt. Musser stated it would be a leased facility. 16. Commissioner Johnson asked about the length of the lease. 17. Lt. Musser responded the lease was projected for two years, and upon discussions with GE Modular representatives, it was entirely based upon where the City decides to move with the police department in the future. 18. Commissioner Johnson wanted information regarding compatibility, specifically visual and colors. 19. Lt. Musser commented the colors would remain neutral, an off white siding consistent with the building colors along the south side to the east facing the existing building. The colors would also be compatible with AEI, the business located directly to the south of the area where they are going to be on the lot between the two buildings. 20. Commissioner Johnson wanted to know if this was going to be a self contained unit with plumbing. 21. Lt. Musser commented that it would not be, and the only utilities would be electrical hook up, and to have phone and data lines tying directly into the facility. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 MERIDIAN POLICE DEPARTMENT - CONDITIONAL USE PERMIT ~ ~ 22. Commissioner Johnson asked how many people would be occupying the facility. 23. Lt. Musser commented there would be no more than 12, but presently there would be 9. 24. Commissioner Johnson inquired as to the business hours. 25. Lt. Musser responded the hours would be from 7:00 to 5:00 p.m., and this would be for the majority of employees. Often times the office is not occupied totally during those hours. An officer could be assigned later, if needed. 26. Commissioner Johnson asked if there would be occupants of the facility that are not presently on the Pine Street location. 27. Lt. Musser stated if they have further expansion within the development that would allow for expansion within the investigative division. 28. Commissioner Smith inquired if there would be skirting around the bottom to match the siding. ~ 29. Lt. Musser responded the skirting would match. 30. That comments were received from 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. 32. Fire Chief, Kenny Bowers, requested all codes need to be followed, and with a fire wall on both sides. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 MERIDIAN POLICE DEPARTMENT - CONDITIONAL USE PERMIT ~' ~ 33. The Ada County Highway District desires a new site plan with changes in a manner for their review. The site plan needs to be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances. 34. Chief Bill Gordon commented, "It was a wonderful idea." 35. The Central District Health Department had no objections. 36. Nampa & Meridian Irrigation District wants Applicant to contact John P. Anderson or Bill Hanson regarding approval before any encroachment or change of right-of-way occurs. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 37. There was no further testimony given at the hearing. CONCLUSIONS OF LAW l. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been rnet, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 MERIDIAN POLICE DEPARTMENT - CONDITIONAL USE PERMIT ~. ~ 418 of the Zoning And Developinent 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 (OT) Old Town which is described in the Zoning Ordinance, 11-2-408 B. 12 as follows: (OT) Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served by the Municipal Water and Sewer systems of the City of Meri.dian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. In the Zoning Schedule of Use Control, Section 11-2- 409, this type of structure is not listed and therefore a conditional use permit is required. 6. Conditional Use Permit is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 7. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code, Section 67-6512, and pursuant to 11-2-418 (D) of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 MERIDIAN POLICE DEPARTMENT - CONDITIONAL USE PERMIT ~ , the Revised and Compiled Ordinances of the~City of Meridian. 8. That Section 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Commission shall review applications for Conditional Use Permits; that upon review of those requirements and a review of the facts presented and the conditions of the area, the Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use shall be designed and shall be constructed to be harmonious in appearance with the character of the general vicinity. . d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses; that the access and traffic requirements of the City and the Ada County Highway District shall be met and if they are, traffic should not increase significantly because of the proposed use. e. That the property has available to it sewer and water service and the Applicant need not connect to such as it is a temporary facility. f. The use would not create excessive additional requirements at public cost for public facilities and services if the Applicant meets the requirements of the City and Ada County Highway District and the use would not be detrimental, to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 MERIDIAN POLICE DEPARTMENT - CONDITIONAL USE PERMIT ' ~ • proposed use is required and the parking layout must meet the requirernents of the City ordinance and should provide for additional parlcing beyond the ordinance requirements. 9. The application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning Arid Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 10. It is further concluded that the comments, recommendations and requirements of the City Engineer, Planning Director, Ada County Highway District, and other governmental agencies, shall be met and complied with. 11. It is recommended that the conditional use permit be granted. APPROVAL OF FINDINGS OF FACT AI~TD CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP CONIl~II SS I ONER MACCOY COMMISSIONER SMITH CONIl~fISSIONER NELSON w- VOTED VOTED ~ 7 ~~ VOTED VOTED ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 MERIDIAN POLICE DEPARTMENT - CONDITIONAL USE PERMIT • CHAIRMAN JOHNSON (TIE BREAKBR) • ' y~~ f ~~ VOTE DECISION AND RECONII~lENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for a modular building as a temporary office for the Meridian Police Department with the conditions set forth in the Findings of Fact and Conclusions of Law, that the Applicant be specifically required to submit a final development plan, meet all of the requirements of the OT Old Town District, and all of the Ordinances of the City of Meridian. MOTION: APPROVED: DISAPPROVED: 1-27-98 - Final ti(~ ~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 MERIDIAN POLICE DEPARTMENT - CONDITIONAL USE PERMIT ~ ~ APPROVAL OF FINDINGS OF FAC~' AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this 6th day of February, 1998. ROLL CALL COUNCILMAN BIRD COUNCfLMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON VOTED VOTED~ VOTED~ VOTED_ G~ MAYOR CORRI!E {TIE BREAKER) (INITIAL) APPROVED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLt1SION& OF U4W - CONDITIONAL USE PERMIT FOR A MODULAR BUILDING BY MERtDIAN POLICE DEPARTMENT ~ ~ MERIDIAN CITY COUNCIL MEETING: FEBRUARY 6.1998 APPLFCANT: PLUMBERS AND PIPEFITTERS LOCAL #296 ITEM NUMBER: 2 REQUEST: FINDINGS OF FACT AND CONCLUSIOIVS OF LAW FOR A CONDITIONAL USE PERMIT ~ 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: IDAMO POWER: US WEST: INT.ERMOUNTAIN GAS: BUR~AU OF RECLAMATION: COMMENTS OTHER: All Materials presented at public meetings shall becortee property of the City of Meridian. ~ ~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: Februarv 4, 1998 APPLICANT: PLUMBERS AND PIPEFITTERS LOCAL #296 AGENDA ITEM NUMBER: 2 REQUEST: FFNDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT AGENCY CITY CLERK: CiTY ENGINEER: CITY PLANNING DIRECTOR: CITY ATfORNEY: CITY FOLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITfEE CENTRAL DISTRICT HEALTH: NAMFA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS ~V ~ ~ c~ ~ U' ~ Y'~ ~~ ~ X ., `~ - All Materiats presented afi public meetings shall become property of the City of Meridian. ~ • BEFORE THE'MERIDIAN PLANNING AND ZONING CONIl~lISSION PLUN~ERS & PIPEFITTERS LOCAL #296 5 CONDITIONAL USE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing January 13, 1998, at the hour of 7:30 o'clock p.m., that Mike Capshaw, BRS Architects, representing the Petitioner appeared in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 13, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 13, 1998, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. PLUN~ERS & PIPEFITTERS LOCAL #296 CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 1 ~ • 2. The property is located within the City of Meridian at the northwest corner of Ralstin and Commercial. The property is described in the application for a conditional use permit, which description is incorporated herein as if set forth in full. 3. The Applicant is the owner of the property. 4. That the Application requests a conditional use permit for light industrial building facilities with shop, welding facilities and storage yard. 5. That the property is zoned Light Industrial (I-L). 6. That the I-L District is described in the Zoning Ordinance, 11-2-408 B. 14 as follows: (I-L) LIGHT INDUSTRIAL DISTRICT: The purpose of the (I-L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 7. That the land is not used at this time for any purpose but is developed. 8. That Mike Capshaw testified that when the project started they assumed it met the light industrial nature of the subdivision. Staff informed them that while they agreed it did meet the intent there was no specific allowance for a union use. He PLUMBERS & PIPEFITTERS LOCAL #296 CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 2 ~ ~ stated that the closest use to them would be a contractor's yard. The facility will be demonstratir~g pi~efitting and plumbin.g techniques, as well as a union office and union activities. There will be welding and other demonstrations, which do npt fit into an office type environment and more of an industrial use. 9. Commissioner Smith had questions about the style wall panel and the shadow wall panel, and if they were a specific pre- manufactured building manufactured wall panel. 10. Mr. Capshaw replied they were, and they were a Butler panel. 11. Commissioner Smith commented he was not familiar with that style wall nor the shadow wall. 12. Mr. Capshaw stated the shadow wall has a texture to it and the style wall is more of a plain panel, and that they have dressed up the front with some split fence block and a texture panel. 13. Commissioner Smith asked if a color scheme was proposed. 14 . Mr . Capshaw stated that they did have one and it wa~s in the submittal. He indicated the staff should have a big color chart on it. 15. Commissioner Smith had not seen it, and asked for further information about it. 16. Mr. Capshaw stated they have a light blue or a blue accent color at the roof line, and everything else will be off I white. PLUI~ERS & PIPEFITTERS LOCAL #296 CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 3 ~ . 17. Cornmissioner Smith asked if the CMU was going to be an integral color block or if it was something to be painted. 18. Mr. Capshaw commented that it was going to be a painted block. 19. Commissioner Smith commented that it was nice to see a complete building set of plans so that they knew what the building was going to look like. 20. Mr. Capshaw responded that they had assumed it was going to fit within the light industrial and that is why they had a complete set of plans prior to putting in for the conditional use. 21. That comments were received from the City Engineer, City Planning Director, Fire Department, Central District Health Department, Ada County Highway District, and Nampa & Meridian Irrigation District; that such comments are incorporated herein by this reference. 22. The Meridian Planning and Zoning Administrator, Shari Stiles, commented as follows: 1. Detailed landscaping plans, including species and sizes of all plants, will be required prior to submitting an application for building permit. The use of bark chips for the entirety of the planter areas is not aesthetically pleasing. The Applicant shbuld incorporate some sodded/seeded areas in the landscaping plan. 2. A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt is required per City Ordinance Section 11-2-414.D. Provide calculations of asphalt areas and locate appropriate trees on site plan. The landscape plan submitted appears to meet or exceed requirements. 3. Provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department policies. PLUN~ERS & PIPEFITTERS LOCAL #296 CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 4 i ~ 4. A screened trash enclosure is to be provided per City Ordinance. Provide details and location on revised site plan. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. 5. Applicant to provide curbing and underground sprinkler system for all landscaped areas. ~ 6. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Paving, striping arid signage of parking lot to be in accordance with Meridian City Ordinance Section 11-2-414 and the Americans with Disabilities Act. Graveled driveways, parking, and access will not be allowed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer with c:alculations (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 7. Applicant is to obtain a certificate of occupancy prior to opening for business. 8. 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 and banners will not be permitted and will be removed upon 3 days notice to the Applicant. Sign permits are needed for all signage. 9. All building construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. 10. Provide parking lot lightir~g plans to the Meridian Public Works Department. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties, as determined by the City of Meridian. 11. Applicant is to provide a revised site plan meeting all staff and agency requirements prior to action by the City Council. 12. A screening fence shall be provided around all areas used for storage of equipment and materials. Provide details of fencing and screening with the building permit application. 13. The conditional use, if approved, shall be subject to review upon notice to the applicant. PLiJN~ERS & PIPEFITTERS LOCAL #296 CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 5 . • 23. Bruce Freckleton, Assistant City Engineer, commented as follows: 1. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 2. All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs will not be permitted. Al1 signs are subject to review and approval of the Planning and Zoning Department. 3. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. 4. Provide parking lot lighting plans to the Meridian Public Works Department for approval. 5. Sewer and water service stubs are existing to this site. Assessment fees will be determined during plan review process. Applicant will be required to enter into a Re- Assessment Agreement with the City of Meridian. 6. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 7. All l.andscaping is to meet the requirements of Ordinance Section 11-2-414.D.2. 8. Revise the site plan to show all existing and proposed utilities. 9. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2- 414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 10. A drainage plan designed by an Idaho licensed architect or engineer shall be submitted, for all off-street parking areas, for approval of the Meridian City Engineer (Ord. 557, 10-1-91). PLUN~ERS & PIPEFITTERS LOCAL #296 CONDITIONA,L USE FINDINGS OF FACT 6 CONCLUSIONS OF LAW Page - 6 • • 24. That the Fire Chief, Kenny Bowers, requests that all fire codes need to be met. 25. That the Ada County Highway District comments were to construct a 30 to 36 foot wide curb cut driveway (or a curb return) located as proposed on Ralstin Street, 50 feet south of the north property line; pave the driveway its full required width of 30 to 36 feet wide to at least 30 feet beyond the edge of pavement of Ralstin Street; to construct a 30 to 36 foot wide curb cut (or a curb return) located as proposed on Commercial Street, 35 feet east of the west property line; pave the driveway its full required width of 30 to 36 feet wide to at least 30 feet beyond the edge of pavement of Commercial Street; that utility street cuts in the new pavement are not allowed unless approved in writing by the District; as required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel; other than the access points specifically approved with this application, direct lot or parcel access to Ralstin Street and Commercial Street is restricted. 26. That the Department of Health and Welfare's comments were to consider the storm water run-off treatment and disposal so as not to create a mosquito breeding problem. The system is to be reviewed by the Central District Health Department. 27. The Nampa & Meridian Irrigation District comments were that all laterals and wasteways be protected. All municipal surface drainage must be retained on site. If any surface drainage PLUN~ERS ~ PIPEFITTERS LOCAL #296 CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 7 • • leaves the site, the Nampa & Meridian Irrigation District must review drainagl plans. The developer must comply with Idaho Code 31-3805. 28. There was~no further testimony given at the hearing. CONCLUSIONS l. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's •property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and State. 4. The' property is currently zoned (I-L) Light Industrial which is described in the Zoning Ordinance, 11-2-408 B 14 as follows : ( I-L)i (I-L) LIGHT INDUSTRIAL DISTRICT: The purpose of the (I-L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens,and area residents and reduce the need to commute to PLiJN~ERS & PIPEFITTERS LOCAL #296 CONDITIONAL USE ~ FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 8 • ! neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 5. In the Zoning Schedule of Use Control, Section 11-2-409, Plumbers Union Facility is not listed, therefore a conditional use permit is required. 6. Conditional Use Permit is defined in the Zoning and Development Ordinance, City of Meridian, Idaho, as ~~Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 7. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and 11-2-418 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 8. That 11-2-418 C of the Revised and Cornpiled Ordinances of the City of Meridian'sets forth the standards under which the Commission shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. PLUN~ERS & PIPEFITTERS LOCAL #296 CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 9 • • b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use shall be designed and shall be constructed to be harmonious in appearance with the character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses; that the aceess and traffic requirements of the City and the Ada County Highway District shall be met and if they are, traffic should not increase significantly because of the proposed use. e. That the property has available to it sewer and water service and the Applicant shall connect to such at its expense. f. The use would not create excessive additional requirements at public cost for public facilities and services if the Applicant meets the requirements of the City and Ada County Highway District and the use would not be not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use is required and the parking layout must meet the requirements of the City ordinance and should provide for additional parking beyond the ordinance requirements. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 9. This application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning and Development Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial PLUi~ERS & PIPEFITTERS LOCAL #296 CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 10 ~ • notice. 10. It is further concluded that the comments, recommendations and requirements of the City Engineer, Planning Director, Ada County Highway District, and other governmental agencies, shall be me,t and complied with. 11. It is concluded that the Applicant shall be required to meet the requirements of the (I-L) Light Industrial District. 12. That since the Applicant's representative stated that they desired to obtain conditional use permit approval of the site plan and get detailed site plan approval at the building permit stage so that it does not have to come before the Planning and Zoning Commission all of the time, the approval of the Application should be only of the concept and what was presented to the Commission; that the Applicant should be required to submit detailed site plans for review during the building permit stage to ensure compliance with City goals and standards and staff and agency requirements. 13. It is recommended that the conditional use permit be granted. PLUl~ERS & PIPEFITTERS LOCAI, #296 CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 11 ~ . APPROi~a~iL OF FYNDINGS OF F'P,CT AND CONCLUSIOIJS ' The Meridian Planning and Zoriing Commission hereby adopts and approves these Findings of Fact and Conclusions. llllT T l~TT T COMMISSIONER Borup COMMISSIONER Smith COMMISSIONER Nelson CONINIISSIONER MacCoy CHAIRMAN JOHNSON (TIE BREAKER) RECOI~NDATION ~ VOTED VOTED VOTED VOTED VOTED ,~b ~ i • N The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for a Plumbers and Pipefitters Local Union #296 with the conditions set forth in the Findings of Fact and Conclusions of Law, that the Applicant be specifically required to submit a final development plan, meet all of the requirements of the Light Industrial District, and all of the Ordinances of the City of Meridian. MOTION: APPROVED: ~~ 1-27-98 - Final ~~ ~~ PLiJi~ERS & PIPEFITTERS LOCAI, #296 CONDITIONAL USE - FINDINGS OF FACT & CONCLUSIONS OF LAW DISAPPROVED: Page - 12 ~ . APPROVAL OF FINDiNGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this 6th day of February, 1998. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCkLMAN ANDERSON VOTED~ VOTED~ VOTED VOTED MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED VOTED DISAPPROVED FtNDINGS OF FACT AND CONCLUSIONS OF LAW - GONDITIONAL USE PERMIT BY PLUMBERS AND PIPEFITTERS LOCAL #296 r 9 ~ ~ ~,~, , w~ , ~ '1r.. ~ t~ ~ BEFORE THE MERIDIAN PLANIVING AND ZONING COMMISSION W. ROY BROWN AND RICHARD BROWN CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A NEW ADDITION TO THE EXISTING CHERRY WOOD RETAIL CENTER SOUTHWEST CORNER OF CHERRY LANE AND LINDER ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF Z~AW The above entitled matter having corne on for public hearing on December 9, 1997, at the hour of 7:00 o'clock p.m., the Applicant, appearing through its representative, Richard Brown, 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 l. A notice of a public hearing on the application for the conditional use permit and application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled on December 9, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 9, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT • ~ ~; 2. The property is located within the City of Meridian at the Southwest corner of Cherry Lane and Linder Avenue. The property is described in the application for a conditional use permit, which description is incorporated herein as if set forth in full. The Applicant is the owner of record of the property. 3. Pursuant to the application, the property is presently zoned as C-N, Nei.ghborhood Business District. The proposed use of the property is to construct an addition to an already existing building with the addition of a drive through window on the west side of the building. This addition will constitute approximately 6400 square feet of additional space. 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. Richard Brown, representative for the Applicant, testified substantially as follows at the public hearing. The partnership intends to build an addition to an already existing building at approximately 1800 W. Cherry Lane, making an addition of approximately 6400 square feet and requesting to include in that addition a drive through window towards the rear, west end of the building. 5. Comrnissioner Johnson asked about the letter dated Decernber 5t'' from Bruce Freckleton, Assistant City Engineer, and Shari Stiles, Planning and Zoning Administrator. Mr. Brown responded there are 15 points in the letter. The first point FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT • ~ addresses water service to the development. Mr. Brown noted the addition would not require any changes to water service, as it was included in the original plans. 6. Commissioner Johnson noted that we need not discuss each item in the report and asked if Mr. Brown would like to discuss any specific items. Mr. Brown stated that item #5, the Drainage Plan, will be designed by a licensed architect and the specifications are in line. Mr. Brown stated the parking stalls on the west side need to be 9x19 with a 25-foot driveway and his plan did not meet this requirement. He requested to work with Planning and Zoning Administrator, Shari Stiles, on the use of compact parking stalls as an alternative. Mr. Brown noted that his plan has 50 stalls and the requirement calls for 32. His design is in excess of the number required. 7. Commissioner Johnson noted the Commission is getting away from compact stalls because they do not do the job. Mr. Brown responded the 8 stalls in question do not need to be included in the plan because it still would have 10 more than what would be required. 8. Mr. Brown brought up item #10, the Communication System for the menu board. Mr. Brown testified the system provided by MUZAC only requires 3 points decibel above the ambient sound level. The sound can be heard from 25 feet away and the subdivision fence is 50 feet away. Mr. Brown noted that the buffer zone behind the building is sufficient. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT • ~ 9. Commissioner Johnson asked if other Commissioners had any questions. Commissioner Borup noted the stacking issue from Planning and Zoning Administrator, Shari Stiles', recommendations. Mr. Brown had Terry Butler respond to the stacking issue. Mr. Butler responded that there was some confusion on the distance requirement for a Hogi Yogi restaurant. Mr. Butler noted that District Planning and Zoning did not know where the 200-foot stacking requirement came from, but it would likely be changed to 100 feet. Mr. Butler testified the tenant is Hogi Yogi, an ice cream type vender, and it would not have the traffic or stacking needs of Burger King, Wendy's or a high impact fast food restaurant. Mr. Butler noted that the 200-foot stacking requirement would put them clear out into Cherry Lane. 10. Commissioner Borup asked if the reader board is indicated on the plans. Mr. Butler responded that no reader board is on the plans. Commissioner Borup asked for a proposed location for the reader board. Mr. Butler responded the location would probably be at the northwest corner of the building. 11. Commissioner Borup asked the Applicants if they have read the Fire Department's comment #12. Mr. Brown responded the fire department request deals with the occupying permit being obtained prior to any tenant occupying the building. Mr. Brown noted there was a problem in the past, but has no trouble complying with that requirement. 12. Commissioner Johnson inquired about the landscaping and lighting for the project. Mr. Brown responded it is all existing FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PEFtMIT • • and there are no additions. ~~The site is complete in regards to those two items." . 13. Cornmissioner Smith wanted to discuss the stacking issue in more detail. He wanted to know how many cars could be stacked from the drive through window back. Mr. Brown noted that five cars could be stacked, based upon his calculations. Commissioner Smith noted the stacking figures did not appear to add up to him. He felt that it would not be possible to get S cars in front of the drive through window. Mr. Brown testified he did not believe it would be a high volume stacking type unit, and Ada County based the.ir stacking figures on the tenant. Commissioner Smith stated that 5 cars would probably not fit in front of the drive through window. Mr. Butler responded that the window would be moved back to the corner as far as possible. The front driveway has quite a bit of space, and the parking section could be pulled out to accommodate the stacking. Commissioner Smith noted that he would like to get a clarification on the stacking. He would like to know if it is a requirement or a recommendation. He also noted that in order to accommodate the stacking it may require putting the window on the back of the building. 14. Commissioner Smith asked about the menu board's location. Mr. Butler responded that it would be on the northwest corner of the building. He noted that the menu board would not be free standing and the speaker would be on the menu board. Commissioner Nelson commented on how difficult it is driving between the Dominos and the car wash. He noted that there was a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT • . ~ considerable amount of traffic in that area. Mr. Brown respondeci that it is a Dominos's management problem. There is adequate parking behind the building. He noted that since the west part of the building is closed, the Dominos people cannot circle the building. He noted that it would be a convenient way for them to get around the building. 15. Commissioner Smith commented about omitting the compact parking. Mr. Brown responded that parking is not a problem because 117 spaces were built, and the original building required only 71. He also noted that any configuration is possible on the west side of the building because the black top has not been put down. Commissioner Borup noted that angle parking makes sense to him in order to avoid wasting space. He asked whether the Milwaukee Avenue Hogi Yogi had a drive through window. Mr. Brown responded that it did not and the same franchise would operate at Cherry Wood Retail Center. , 16. Commissioner Johnson then asked whether the public would like to address the Commission. John Wasson from the Vineyard's Subdivision addressed the Commission. . Mr. Wasson presented a petition with 90 signatures from the residents of Vineyard's Subdivision who oppose granting the conditional use permit. Mr. Wasson wanted to know what was going in the drive through and noted that there is potential for a great deal of traffic. There is no guarantee it would remain a Hogi Yogi and at some point it could become a Wendy' s or Burger King . Mr . Wasson noted that Mr . Brown did not come to the hearing with specific plans, drawings or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT ~ • diagrams, delivering exactly what is going into the location. Mr. Wasson noted that currently there are problems with kids and criminals jumping fences and going into the backyards of the neighborhoods. He further noted that garbage collection occurs between 5:00 a.m. and 7:30 a.m. four times a week, in violation of the noise ordinance and that it wakes ups his kids. He noted that putting a drive through window on the west end of the building would create even more noise. The trash seems to gather in the residents' backyards, gathers against the fence and creates an eyesore. He expressed the current lights shine into his bedroom window until 1:30 a.m. or 2:00 a.m., and that this construction will only exacerbate matters. He showed photos of fence damage and requested that a ten-foot cinderblock fence be built to cut out the noise and to prevent further damage. He noted that it could be like the one at Albertson's at Ten Mile. Commissioner Johnson asked where the broken fence was located, as it was not clear from the pictures. Mr. Wasson responded that the fence is about 30 meters west of the building. Neighbors have had to replace fence boards and posts that have been kicked in or broken by kicls climbing the fence. Mr. Wasson also expressed concern about the stacking, especially during lunch hours and after school, as the location is close to the high school. Commissioner Johnson inquired about the process for obtaining the signatures on the petition. Mr. Wasson responded that all of the people on the petition had an opportunity to read the letter and petition. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT ~ • Commissioner Smith asked if any of the problems have ever been addressed to the tenants. Mr. Wasson responded that on more than one occasion neighbors have gone to Videoland and Dominos to talk about the garbage and noise. There was also concern about the delivery times and that some pizza managed to make it into neighbors' yards. Commissioner Johnson asked if anyone else from the public would like to comment on the application. Mr. Carlton testified that cars squealing, fumes and noise are common problems he currently deals with being a neighbor of the building. He feels that any addition of a drive through would only depreciate and aggravate the problem. He believes that putting up a cinderblock wall, much like the one at Albertsons and Ten Mile, might alleviate the problem. Commissioner Johnson asked about the lease arrangements with the current tenants in regards to noise and garbage pickup. Mr. Brown responded that the lease requires the tenants to comply with the laws and requirements of the City of Meridian. Commissioner Johnson asked if there were any specific requirements. Mr. Brown responded there is nothing specific in the lease and many of the citizens' concerns are management problems. Commissioner Johnson inquired about the Hogi Yogi' s operating hours. Mr. Brown responded 10:00 p.m., ancl there are no special summer hours that he is aware of. Mr. Brown also stated that there FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT • ~ will be no parking on the west side of the property because it will be bermed and that there is a six-foot high fence to help cut down on potential noise. Commissioner Smith asked whether Mr. Brown would consider a CMV or block wall. Mr. Brown responded that he would consider it as long as there would be some association of cost. He also noted that he might do something in regards to his side of the current wood fence. Ms. Doty Furhman, a neighbor of the proposed drive through, expressed her concern that the application did not specify the business and she further expressed her support for a ten-foot block wall. 17. 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. 18. 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. 19. There was no further testimony given at the hearing. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT ~~ ~ s i~ CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the Gity of Meridian. 3. The City has the authority to take judicial noti~e 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 (CN) Neighborhood Business District. The (CN), Neighborhood Business District is described in the Zoning Ordinance, 11-2-408 B 8 as followss (CN) Neighborhood Business District - The purpose of the (CN) District is to permit the establishment of small scale convenience business uses which are intended to meet the daily needs of the residents of an immediate neighborhood (as defined by the policies of the Meridian Comprehensive Plan); to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into the. adjoining residential districts. All such districts shall give direct access to transportation arterial collectors, be connected to the municipal water and sewer systems of the City of Meridian, and shall not constitute all or any part of a strip development concept. 9. Conditional Use Permit is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT ~ ~ 10. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code, Section 67-6512, and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 11. 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. 12. This Application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 13. Section 11-2-418 C of the Zoning And Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a~eview of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT • ~ those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would not be harmonious with and in accordance with the Comprehensive Plan; 1. Land Use: Residential Policies: 2.3U, Protect and maintain residential property values, improve each neighborhood's physical condition and enhance its quality of life for residents. The addition of a drive through window, along with its traffic, noise and increased business, would impact the surrounding residential neighbor's quality of life. It could affect their property values because people my not be inclined to purchase a residence so close to a drive through establishment. 2. Commercial Policies: 4.40, Locate new Planned Neighborhood Commercial Centers on arterials or collectors near residential areas in such a way as to compliment but not conflict with adjoining residential areas. The testimony from neighboring residents indicates that the current shopping area creates excessive noise, and that there are existing conflicts. Further, expansion in the form of a drive through would only add to traffic, noise and further conflict with the adjoining residential neighborhoods. c. The use should 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT • • The addition o~f a drive through window would change the essential character of this Neighborhood Shopping Area. The stacking of traffic in front of the menu board is a big concern. As the plans are currently designed, and per the testimony, the menu board would be located at the northwest corner of the new addition. ACHD recommends that the Applicant provide between 50 and 100 feet of stacking before and after the reader board. These figures are based on traffic volume and proposed use. It is 50 feet to establishments other than fast food restaurants or drive through bank facilities. If the drive through window is placed on the southwest corner of the new addition and the reader board is placed on the nort~west corner of the new addition, the minimum 50-foot recommendation would be met, in regards to the space between the window and the menu reader board. The amount of stacking recommended in front of the menu board would be a problem. The 50-foot minimum would cause the stacking to block traffic around the west side of the building and could potentially cause congestion of traffic coming off Cherry Lane. The situation is further complicated in that the parking spaces on the west side of the building would have to either be eliminated or turned into angle parking. The west side parking, as designed, does not meet the requirements for length (currently 18 feet of the 19 feet required). If the parking is turned into angle parki•ng that will essentially create a one way road around the building. Another concern is the exit from the drive through window. Traffic behind the building will essentially be coming towards the customers driving from the drive through window. The drive through window wi11 cause some traffic concerns in front of the reader menu board, as well. The overall flow of traffic around the bui.lding will be adversely affected by the addition of a drive through window. Another concern is the impact on the car wash and Maverick Store. The entrance and exists are located in such a way that any additional traffic from the drive through would impact customers at both the Maverick Store and the car wash. The drive through would create more traffic behind the building causing greater impact on the surrounding residential neighbors that are located behind the shopping center. Another concern is the flow of traffic between the car wash and the Dominoes. That would be the only exit from the drive through other than.Linder Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMTT ~ ~ Another concern is the noise coming from the speaker on the menu board. The decibel level has the potential to be heard in the residentiai neighborhood. Shari Stiles recommended a telephone system, however, the testimony at the public hearing indicated that a speaker system would be used. Thi.s could create excessive noise for the neighborhood residential areas. d. The use would be hazardous or disturbing to existing or future neighboring uses if the permit is granted (see notes from (c) above). e. Sewer and water service is available, but the Applicant may have to pay additional fees for the use. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. The use would involve activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. As stated above in (c) the drive through would create excessive noise, traffic and disturbance to residents and other customers visiting the neighboring businesses. h. The use will have vehicular approaches to the property, which, as designed, will create an interference with traffic on surroundi.ng public streets; i. The development of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. It is recommended that the conditional use permit not be granted in this case. 14. However, conditions may be placed upon the granting of a conditional use permit if it is determined that the permit should be issued, to minimize adverse impact on other development. It is recommended by the Planning and Zoning Commission that the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT . ' ~ ~ following conditions of granting the conditional use be required, if a permit is issued, to wit: l. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 2. Coordinate fire hydrant placement with the Meridian Public Works Department. 3. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed developrnent. 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 submitted to the City Engineer with ~ calculations (Ord. 557, 10-1-91) for all paved areas. Al1 site drainage shall be contained and disposed of on-site. 6. Al1 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 by the Planning and Zoning Commission. 7. Provide handicapped accessible stalls in accordance with ADA, including appropriate signage. 8. No communication system is shown on the plans. Any proposed system shall be shown on the site plan. Telephones rather than loudspeakers should be required if the conditional use is granted. 9. The configuration of the drive through window will encourage increased traffic to access the area behind the buildings. Additional buffering may be required as a condition of the application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT . ~ ~ 10. Applicant is to obtain a Certificate of Occupancy signed by all appropriate staff and agencies prior to opening. A letter of. credit or cash for all improvements would be needed prior to granting ternporary occupancy. 11. Ada County Highway District has made a special recommendation to the City that the stacking before and after the reader board (if a restaurant or bank is proposed) be a minimum of 50 to 100 feet. This does not appear to be possible with the existing site. configuration. 15. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 16. It is recornmended that the request for the conditional use permit be denied. F'INDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT R'. . . ~ ~ APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. " CONINIISSIONER BORUP COTM~II S S IONER MACCOY CONINIISSIONER SMITH COMMISSIONER NELSON CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED a~~N~ VOTED VOTED VOTED ,~,lld I4~ DECISION AND RECONIl~~NDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it deny the Conditional Use Perrnit 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 requirernents, 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 b.y the City. MOT I ON : -, ~D/~~ ~y~ APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT ! .,. r r ~ r~ ~ APPROVAL OF ~INDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this 17th day of February, 1998. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON VOTED VOTED VOTED VOTED MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - W. ROY BROWN AND RICHARD BROWN - CDNDITIONAL USE PERMIT